division of powers between the european union, the member states

Transcription

DIVISION OF POWERS
BETWEEN THE EUROPEAN UNION,
THE MEMBER STATES
AND REGIONAL AND LOCAL
AUTHORITIES
Division of Powers between the
European Union, the Member States
and Regional and Local Authorities
The study was written by
European Institute of Public Administration (EIPA) European Center for the Regions (ECR) (under the supervision of Gracia
Vara Arribas)
It does not represent the official views of the Committee of the Regions.
More information on the European Union and the Committee of the Regions is
available online at http://www.europa.eu and http://www.cor.europa.eu
respectively.
Catalogue number: QG-30-12-143-EN-N
ISBN: 978-92-895-0650-2
DOI: 10.2863/64684
© European Union, December 2012
Partial reproduction is allowed, provided that the source is explicitly mentioned.
Table of Contents
Member States of the EU.........................................................................................1
1.
Austria.............................................................................................................3
1.1
1.2
1.3
1.4
1.5
1.6
2.
Systems of multilevel governance..................................................................................5
Relations with the EU/Representation at EU level ........................................................6
Subsidiarity.....................................................................................................................7
Bibliography...................................................................................................................8
The division of powers among different levels of governance in the fields of
mandatory consultation of the CoR..............................................................................10
particular interest for LRAs..........................................................................................27
Belgium .........................................................................................................33
2.1
2.2
2.3
2.4
2.5
2.6
3.
Systems of multilevel governance................................................................................41
Relations with the EU/Representation at EU level ......................................................43
Subsidiarity...................................................................................................................43
Bibliography.................................................................................................................44
particular interest for LRAs..........................................................................................70
Bulgaria.........................................................................................................81
3.1
3.2
3.3
3.4
3.5
3.6
4.
Systems of multilevel governance................................................................................83
Relations with the EU and Representation at EU level................................................84
Subsidiarity...................................................................................................................84
Bibliography.................................................................................................................85
particular interest for LRAs........................................................................................101
Cyprus .........................................................................................................107
4.1
4.2
4.3
4.4
4.5
4.6
5.
Systems of multilevel governance..............................................................................109
Relations with the EU/Representation at EU level ....................................................110
Subsidiarity.................................................................................................................111
Bibliography...............................................................................................................111
mandatory consultation of the CoR............................................................................113
Czech Republic...........................................................................................139
5.1
5.2
5.3
5.4
5.5
5.6
Relations with the EU/ Representation at EU level ...................................................142
Subsidiarity.................................................................................................................143
Bibliography...............................................................................................................143
6.
Denmark .....................................................................................................163
6.1
6.2
6.3
6.4
6.5
6.6
7.
Subsidiarity.................................................................................................................167
Bibliography...............................................................................................................167
Estonia.........................................................................................................191
7.1
7.2
7.3
7.4
7.5
7.6
8.
Subsidiarity.................................................................................................................196
Bibliography...............................................................................................................198
Finland ........................................................................................................227
8.1
8.2
8.3
8.4
8.5
8.6
9.
Subsidiarity.................................................................................................................234
Bibliography...............................................................................................................235
France..........................................................................................................275
9.1
9.2
9.3
9.4
9.5
9.6
10.
10.1
10.2
10.3
10.4
10.5
10.6
11.
11.1
11.2
11.3
Subsidiarity.................................................................................................................282
Bibliography...............................................................................................................283
Germany .....................................................................................................313
Subsidiarity.................................................................................................................321
Bibliography...............................................................................................................322
Greece..........................................................................................................351
Subsidiarity.................................................................................................................356
11.4
11.5
11.6
12.
12.1
12.2
12.3
12.4
12.5
12.6
13.
13.1
13.2
13.3
13.4
13.5
13.6
14.
14.1
14.2
14.3
14.4
14.5
14.6
15.
15.1
15.2
15.3
15.4
15.5
15.6
16.
16.1
16.2
16.3
16.4
16.5
Bibliography...............................................................................................................356
Hungary ......................................................................................................419
System of multilevel governance ...............................................................................422
Subsidiarity.................................................................................................................423
Bibliography...............................................................................................................424
Ireland .........................................................................................................455
Subsidiarity.................................................................................................................460
Bibliography...............................................................................................................461
Italy..............................................................................................................491
Subsidiarity.................................................................................................................501
Bibliography...............................................................................................................503
Latvia...........................................................................................................545
Relations with the EU/Representation at the EU level ..............................................549
Subsidiarity.................................................................................................................549
Bibliography...............................................................................................................550
Lithuania.....................................................................................................577
Subsidiarity.................................................................................................................580
Bibliography...............................................................................................................581
16.6
17.
17.1
17.2
17.3
17.4
17.5
17.6
18.
18.1
18.2
18.3
18.4
18.5
18.6
19.
19.1
19.2
19.3
19.4
19.5
19.6
20.
20.1
20.2
20.3
20.4
20.5
20.6
21.
21.1
21.2
21.3
21.4
21.5
21.6
21.7
Luxembourg ...............................................................................................601
Subsidiarity.................................................................................................................604
Bibliography...............................................................................................................604
Malta............................................................................................................629
Subsidiarity.................................................................................................................633
Bibliography...............................................................................................................633
The Netherlands .........................................................................................657
Subsidiarity.................................................................................................................663
Bibliography...............................................................................................................664
Poland..........................................................................................................693
Subsidiarity.................................................................................................................700
Bibliography...............................................................................................................700
Portugal.......................................................................................................737
Subsidiarity.................................................................................................................741
Fiscal Powers..............................................................................................................741
Bibliography...............................................................................................................741
22.
22.1
22.2
22.3
22.4
22.5
22.6
23.
23.1
23.2
23.3
23.4
23.5
23.6
24.
24.1
24.2
24.3
24.4
24.5
24.6
25.
25.1
25.2
25.3
25.4
25.5
25.6
26.
26.1
26.2
26.3
26.4
26.5
26.6
27.
27.1
27.2
27.3
Romania ......................................................................................................767
Subsidiarity.................................................................................................................774
Bibliography...............................................................................................................774
Slovakia .......................................................................................................811
Subsidiarity.................................................................................................................820
Bibliography...............................................................................................................821
Slovenia .......................................................................................................849
Subsidiarity.................................................................................................................853
Bibliography...............................................................................................................854
Spain ............................................................................................................877
Subsidiarity.................................................................................................................888
Bibliography...............................................................................................................889
Sweden.........................................................................................................927
Subsidiarity.................................................................................................................931
Bibliography...............................................................................................................931
United Kingdom .........................................................................................957
Subsidiarity.................................................................................................................967
27.4
27.5
27.6
Bibliography...............................................................................................................968
Enlargement Countries........................................................................................999
Acceding Country...............................................................................................1001
28. Croatia.......................................................................................................1003
28.1
28.2
28.3
28.4
28.5
28.6
Systems of multilevel governance............................................................................1006
Relations with the EU / Representation at the EU level ..........................................1007
Subsidiarity...............................................................................................................1007
Bibliography.............................................................................................................1007
mandatory consultation of the CoR..........................................................................1010
particular interest for LRAs......................................................................................1033
Candidate Countries ..........................................................................................1041
29. Iceland .......................................................................................................1043
29.1
29.2
29.3
29.4
29.5
29.6
30.
30.1
30.2
30.3
30.4
30.5
30.6
31.
31.1
31.2
31.3
31.4
31.5
31.6
32.
32.1
32.2
32.3
32.4
Relations with the EU/Representation at EU level ..................................................1046
Subsidiarity...............................................................................................................1046
Bibliography.............................................................................................................1046
Montenegro...............................................................................................1069
Relations with the EU/ Relations with the European territorial associations ..........1073
Subsidiarity...............................................................................................................1073
Bibliography.............................................................................................................1073
Serbia.........................................................................................................1093
Subsidiarity...............................................................................................................1097
Bibliography.............................................................................................................1097
The former Yugoslav Republic of Macedonia ......................................1121
Relations with the EU/ Representation at EU level .................................................1124
Subsidiarity...............................................................................................................1124
Bibliography.............................................................................................................1125
32.5
32.6
33.
33.1
33.2
33.3
33.4
33.5
33.6
Turkey .......................................................................................................1149
Subsidiarity...............................................................................................................1157
Bibliography.............................................................................................................1157
Potential Candidates ..........................................................................................1189
34. Albania ......................................................................................................1191
34.1 Systems of multilevel governance..................................................................................1194
34.2 Relations with the EU/ Relations with the European territorial associations ................1195
34.3 Subsidiarity.....................................................................................................................1195
34.4 Bibliography...................................................................................................................1195
34.5 The division of powers among different levels of governance in the fields of
mandatory consultation of the CoR................................................................................1198
34.6 The division of powers among different levels of governance in the fields of particular
interest for LRAs............................................................................................................1214
35.
35.1
35.2
35.3
35.4
35.5
35.6
36.
36.1
36.2
36.3
36.4
36.5
36.6
Bosnia and Herzegovina ..........................................................................1219
Subsidiarity...............................................................................................................1232
Bibliography.............................................................................................................1232
Kosovo* .....................................................................................................1279
Relations with the EU/Relations with the European territorial associations ...........1282
Subsidiarity...............................................................................................................1282
Bibliography.............................................................................................................1283
Member States of the EU
1
1. Austria
Article 2 of the Austrian Federal Constitution (Constitution) defines Austria as a
federal state. Austria has a bicameral system composed of the Nationalrat and
the Bundesrat. Both chambers can initiate legislation. The Nationalrat is elected
by universal suffrage and has a proportional system. The Bundesrat is composed
of representatives of the different Länder. The representatives of a Land in the
Bundesrat are elected according to proportional representation by the Landtage
(the legislation at the regional level).
Austria has 9 Länder, 84 Bezirke (districts), 15 Statutarstädte (which
operate at local level and district level), and 2357 Gemeinden (local level). Due
to structural reforms in one of the Austrian Länder (Styria), the numbers of
Bezirke and municipalities will be changed.
Article 15 of the Constitution establishes the principle of general competence
for the Länder. The powers of the Länder are symmetrical. The federal
competences are listed in Article 10 (federal legislation and federal
administration), Article 11 (federal legislation but administration by the Länder)
and Article 12 (federation passes framework laws and the Länder are
responsible for implementing legislation and administration) of the Constitution.
Articles 115 to 120 set out the fundamental principles of the municipalities.
The latest constitutional reforms in Austria took place in 2011. It removed the
line in Article 60 that prevented members of the Habsburg family from
becoming candidates in elections. The Constitution was also amended in 2010 in
the area of accounting and financial management control; now it permits the
courts to examine communities of 10,000 instead of the original 20,000
inhabitants.
The most important source of income for municipalities is taxes (52%). Of
this, about 19% are municipal taxes (about 2.4 billion euros in total). This
includes the municipal business tax (about 60% of the municipal tax revenue)
and the real estate tax (about 16% of the municipal tax revenue). In addition to
the municipal taxes, the shared taxes provide for about 63% of the taxes which
is about 4.2 billion euros. It includes for instance VAT, wage tax, corporation
tax and the petrol tax.
Municipalities receive 16% of their revenue from grants which include general
grants (Finanzzuweisungen), the grant for municipalities in financial need
(Bedarfszuweisungen) and other earmarked grants.1
1
A collective work of Dexia Crédit Local Research Department, Sub-national governments in the European
Union – Organisation, responsibilities and finance, Dexia Ed., La Défense, 2008.
3
Federal Level
Article 10 of the Austrian Federal Constitution lists the exclusive legislative
powers of the federation: foreign policy, finances, trade policy, public safety,
transport, labour law, etc. The federation retains the sole legislative power and
administrative authority on these areas.
Article 11 of the Constitution: legislation at federal level – administration at
Land level (e.g. road traffic, citizenship, environmental impact assessments)
Article 12 of the Constitution lists the federal level’s legislative powers
(framework laws) which each Land is empowered to implement via
implementing laws (services for the needy, young people, the public at large;
land reform).
The overwhelming majority of legislative acts are carried out at federal level.
Regional Level – Länder
Article 11 of the Constitution: the Länder are responsible for the administration
of certain federal laws.
Article 12 of the Constitution: adoption and enforcement of implementing laws
for federal framework laws.
Article 15 of the Constitution: general clauses: the Land is responsible for any
area of legislation or administration which is not specifically within the purview
of the federal level, e.g. spatial planning, environmental protection, planning
law, transport.
Indirect federal administration: federal laws are implemented by the governor
and the authorities subordinate to him. The governor acts as an officer of the
federal government and is bound by the instructions of the federal government
or minister.
4
Intermediate Level
Districts have no competences vested in them. They mainly serve as
administrative units.
Local Level
Own powers: general clause. The local authorities have general responsibility
for issues which are exclusively or predominantly local. Their main tasks are:
•
•
•
•
•
•
•
The appointment of local officers and public servants;
Local police;
Local traffic management;
Supervision of local planning regulations;
Local health regulations;
Local spatial planning;
Measures to promote and support community activity: theatre, social
services;
• Regulations on public events.
Devolved powers: the local authorities carry out the duties delegated to them by
the federations and the Land. The local authority implements state
administrative tasks. The mayor is responsible for their administration to the
federal authorities or the Land.
1.1 Systems of multilevel governance
Representation: The Länder have direct representation in the institutions at
federal level through the Bundesrat.
The Gemeindebund represents the municipalities (Austrian Associations of
Municipalities) and the Städtebund (Austrian Association of Cities and Towns)
represents the Austrian cities (Article 115(3) Austrian Federal Constitution).
Information: The Länder, the Gemeindebund and the Städtebund will be
informed of government proposals. The Länder will also inform the
Gemeindebund and the Städtebund of their legislative proposals. Regarding EU
issues, Article 23d of the Constitution specifies that the Länder will be informed
without delay on EU matters which directly affect their autonomous
competences. The article also states that the same applies to the municipalities
and the cities.
5
In such a situation the Gemeindebund and the Städtebund are to be informed as
the representatives of the municipalities and the cities.
Consultation: The government sends out any draft laws which can be
scrutinised by the Gemeindebund and the Städtebund for a period of four weeks.
They are then invited to submit their views on the legislative proposal. Yet both
institutions will only activate the mechanism for consultation if certain points
are met (for example financial implications). In that case the association will
enter into negotiations with the government. Regarding the EU, Article 23d of
the Constitution also lays down a procedure for the consultation. According to
this, the municipalities are not only informed but also given the opportunity to
express their position.2
Coordination: The Länder have a direct influence on the legislation through
the Bundesrat. Additionally, there are negotiations between the government and
the Gemeindebund and the Städtebund on draft legislation. Furthermore, the
Austrian Permanent Representation has a Department for the Länder, the
Städtebund and the Gemeindebund which is staffed with a civil servant from the
Länder and deals with files that fall within the competence of the Länder.
1.2 Relations with the EU/Representation at EU level
The Länder have nine representatives at the CoR. The Gemeindebund and the
Städtebund have a total of three representatives at the CoR (Article 23c(4) of the
Constitution) and act on the basis of a rotation principle (actual Städtebund 2
Members and Gemeindebund 1 Member).
Regarding international matters, the federal government has exclusive
competences. However, when it comes to EU matters that affect the
competences of the Länder, the Länder may also become involved. Article
23d(3) of the Constitution makes it possible for Länder to represent Austria
if it is a matter that is Länder business and if the Federal government decides to
assign such tasks to the representative proposed by the Länder.
Eight out of nine Länder have liaison offices established in Brussels. Vienna
and the Burgenland share one office. Only Vorarlberg does not have a
representation office in Brussels.
The Gemeindebund represents the municipalities at European and international
level. (Article 115(3) of the Austrian Constitution). The Städtebund represents
the Austrian cities at European level. (Article 115(3) of the Austrian
2
Council of European Municipalities and Regions, Study on ‘Consultation procedures within European States’,
2007.
6
Constitution). The Gemeindebund and the Städtebund are participants in the
CEMR and UCLG.
1.3 Subsidiarity3
The Austrian Parliament has extensive rights on the provision of information
relating to EU issues. According to Article 23e (1) of the Constitution, the
government will have to inform both the Nationalrat and the Bundesrat about
every EU legislative proposal and give them a subsidiarity analysis. The right to
information is laid down in a specific “EU information act” (EU-InfoG) which
came into force on 1 January 2012.
Every year the government will discuss the list of planned initiatives of the
European Commission and its annual working plan with the Parliament.
The Nationalrat has a specialised subcommittee which reflects the scrutiny
procedure. Nevertheless, there are no special procedures in the Nationalrat or in
the Bundesrat that deal with the subsidiarity scrutiny and both chambers take
decisions on subsidiarity matters in a normal fashion.
The Bundesrat will forward the EU proposal to all its members and to the
parliaments of the Länder.
The subsidiarity scrutiny by the Länder differs throughout the country. Whereas
some regional parliaments have their own tests, others rely on the provided
contributions and analysis.
3
Committee of the Regions (2011), Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’,
Committee of the Regions, drafted by EIPA. Not published.
7
1.4 Bibliography
Legislation
Bundesstraßen-Übertragungsgesetz
Berufsausbildungsgesetz
Bundesgesetz über Krankenanstalten und Kuranstalten (KAKuG)
Elektrotechnikgesetz
Energielenkungsgesetz
Erdöl-Bevorratungs- und Meldegesetz
Ökostromgesetz
Sicherheitskontrollgesetz
Websites
Autobahnenund
SchnellstraßenFinanzierungsAktiengesellschaft
(ASFINAG)
Beratung und Übernahme von Serviceaufgaben für die Tourismusverbände
sowie deren Aufsicht
Brief Outline of the Austrian Education System
Bundeskanzleramt Österreich
Child care in Austria
Civil protection in Austria
Country Profile – Austria
Die Aufgaben der Abteilung Verkehrsplanung
Environment Agency Austria
Europäische Sozialfonds
Federal Ministry of Agriculture, Forestry, Environment and Water Management,
Austria – Agriculture
Federal Ministry of Labour, Social Affairs and Consumer Protection
Federal Ministry for Education, Arts and Culture – Information on
apprenticeships,
Federal Ministry for Education, Arts and Culture – Information on vocational
schools
Gemeindebund, Gemeinden in Europa
How to obtain a Fishing Licence
Language and language education policies in Austria: Present situation & topical
issues
Österreichische Bundesbahn Infrastruktur AG (ÖBB-Infrastruktur AG)
Österreichischer Städtebund
Positionsbestimmung und Verantwortungsbereiche
Public Employment Service Austria
Strategiepapier Tourismuspolitik
8
Tourism in Austria
The Administration of the UN Disability Rights Convention in Austria
Rettungsdienst in Österreich
Renewable Energy Policy Review
Transeuropäische Verkehrsnetze (TEN)
Vereinbarung zwischen dem Bund, den Ländern und den Gemeinden über einen
Konsultationsmechanismus und einen künftigen Stabilitätspakt der
Gebietskörperschaften
Unser Gesundheitswesen im Überblick
Waste management plans
Youth policy in Austria
Youth Protection
Publications and Studies
A collective work of Dexia Crédit Local Research Department, Sub-national
governments in the European Union – Organisation, responsibilities and
finance, Dexia Ed., La Défense, 2008.
Council of European Municipalities and Regions, Study on ‘Consultation
procedures within European States’, 2007.
Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’, 2011,
Committee of the Regions, drafted by EIPA. Not published.
Committee of the Regions, Study on the Division of Powers between the EU, the
Member States and Regional and Local Authorities, (Author: European
University Institute, under the supervision of Professors Michael Keating and
Jacques Ziller) 2008.
9
1.5 The division of powers among different levels of
governance in the fields of mandatory consultation of
the CoR
Transport policy
a.
Federal Level
State authorities are responsible for:
•
•
•
•
•
•
•
•
Legislation and administration in all fields of transport (Art. 10(9)
Constitution);
Legislative competence in matters of rail, air and water transport;
General matters of street transport (“Kraftfahrtwesen”);
Federal highways (“Bundesstraßen-Übertragungsgesetz”);
Planning and construction of major transport infrastructure under federal
responsibility, policy guidelines set by the federal level (Art. 10(9)
Constitution);
Planning and construction of railway infrastructure is attributed to the
federal level. (Art. 10(9) Constitution);
Planning, construction, maintenance and management of highways
(Autobahnen und Schnellstraßen) is attributed to the joint stock company
"ASFINAG" which is 100%owned by the Austrian State;
Construction and maintenance of railway infrastructure is attributed to the
joint stock company “ÖBB-Infrastruktur AG" which is 100% owned by the
Austrian state.
Regional authorities are responsible for:
•
•
Since the Länder are affected by transit traffic very differently, some of
them have successfully tried to gain significant influence via informal
channels to influence federal transport policy;
Administration of federal (‘Bundesstraße B’) and regional roads
(‘Landesstraßen L’).
10
Local Level
Local authorities are responsible for:
•
•
•
•
Local roads;
Local transport;
Bicycle lanes;
Pavements for pedestrians.
Sources
Die Aufgaben der Abteilung Verkehrsplanung
Positionsbestimmung und Verantwortungsbereiche
11
Employment policy
b.
Federal Level
•
•
•
General legislation and administration with the exception of employment
policies relating to employees in agriculture and forestry. Concerning the
latter, the federal level only passes framework laws;
Unemployment insurance;
Arbeitsmarktservice (Federal Office of the Labour Market Service) is
responsible for major functions related to the labour market.
• Playing a central role in the translation of national goals into operational
programmes by developing a "work programme" that highlights the
organisational resources for the administration of national policy;
• Cooperation with the national level and social partners.
Local Level
•
Local employment initiatives.
Sources
Austrian Constitution
Federal Ministry of Labour, Social Affairs and Consumer Protection
12
c.
Social policy
Federal Level
• Family policy:
Legislation and administration;
Family allowances;
• Social Housing:
Legislation.
• Social assistance:
Implementing laws on social assistance as well as administration of
social assistance
• Family policy:
Administration of federal legislation;
Youth protection.
Local Level
• Social assistance:
Basic social welfare services;
• Family policy:
Childcare.
Sources
The Administration of the UN Disability Rights Convention in Austria
Rettungsdienst in Österreich
13
Education policy
d.
Federal level State authorities are responsible for:
•
•
•
•
•
•
•
Setting the legislative framework for general training;
General principles, system levels and curricula regulated in the law on
schools (“Schulgesetzwerk”);
General Training Policy administration with respect to the organisation of
the school system, the internal organisation of the educational system;
Large sector of policy administration by own organs (“unmittelbare
Bundesverwaltung”);
Universities owned by the state, school system regulated on federal level;
Legislation on the status of teachers in public schools;
Performing supervisory tasks.
Regional level – Länder
•
•
Administration of the general training policy within the framework set by
the federal level;
Legislation on and administration of pre-school education (Art. 14(4b)
Constitution).
Local level
•
Cooperation with the Länder in running the facilities of primary and
secondary modern schools.
Sources
Bundesministerium für Unterricht, Kunst und Kultur
Language and language education policies in Austria: Present situation & topical
issues (Chapter 2)
14
Vocational training policy
e.
Federal Level
•
•
•
Overall competence (Art. 14(1) Constitution) with the exception of
vocational school for agriculture and forestry where the federal level has
competencies only on framework legislation (Art. 14a (4a) Constitution);
50% funding for teaching staff in vocational training schools;
Framework curricula for apprenticeships laid down by the Federal Ministry
for Education, Arts and Culture.
•
•
•
•
Implementing laws on and administration of the construction and
maintenance of vocational training schools (Art. 14(3b) Constitution);
Detailed curricula for apprenticeships;
Appointment of teaching personnel (Art. 14(2) Constitution);
“Lehrlingsstellen” established by the regional chamber of commerce
supervise the aptitude of teachers and educational institutions, offer advice
to apprentices and carry out the examinations.
Local level
--Sources
Federal Ministry for Education, Arts and Culture – Information on
apprenticeships,
Berufsausbildungsgesetz
15
Youth and Sport policy
f.
Federal Level
•
•
•
•
Limited competencies of the federal level in youth policy by providing a
legal framework and general policy guidelines in certain areas of youth
policy;
Financial support for youth organisations, youth projects, etc.;
Youth research;
Youth protection.
•
•
•
Youth policy falls under Länder responsibility, focus on providing support
for and cooperating with free associations (“freie Träger”);
Staff training for those involved in youth work;
Youth protection.
Local level
•
Participation in the administration of youth policy projects and
programmes.
Sources
16
Culture policy
g.
Federal Level
•
•
•
•
•
•
•
Legislative and executive competence for culture policy (Art. 10(13)
Constitution);
Maintenance and administration of cultural heritage (including e.g.
libraries, historical monuments) (Art. 10(13) Constitution);
Federal museums and national library (Art. 10(13) Constitution);
Legislative framework for public libraries (Art. 10(13) Constitution);
International cultural cooperation, external cultural policy and EU culture
policy activities (Art. 10 (2) Constitution);
Providing financial support for cultural activities of the Länder and local
authorities;
Setting up arts competitions, providing awards and scholarships.
•
•
•
•
•
•
•
•
•
Providing support for cultural activities;
Promotion of cultural activities;
Promoting the maintenance of old municipal and town centres;
Annual report on cultural sponsorship, further cultural publications;
Contemporary art promotion;
Annual festivals in the Länder;
Music schools, theatres, cinemas;
Heritage, tradition and folk art;
Providing for funding of the various cultural activities.
Local level
•
•
•
•
Providing subsidies for cultural activities within their competency for
regulating local affairs;
Local authorities act as financier of cultural institutions (museums,
libraries, orchestras);
Local festivals;
Preservation of the local towns and their appearance.
17
Sources
Country Profile – Austria
18
Public health policy
h.
Federal Level
•
•
•
Legislative and executive responsibility for public health except death care,
rescue services and the local health service (“Gemeindesanitätsdienst”)
(Art. 10(12) Constitution);
Legislative and executive responsibility for animal health, food as well as
the control of seeds, feed, etc. (Art. 10(12) Constitution);
Legislative responsibility for framework laws concerning hospitals and
other health care providers (Art. 12(1) Constitution).
•
•
•
•
Wide regionalisation with respect to the hospital system;
Implementing laws on hospitals and other health care providers (Art. 12(1)
Constitution);
Länder and free private associations (“freie Träger”) run hospitals, Länder
are the most important level for running the hospitals (Art. 12(1)
Constitution);
Länder have an important share in financing hospitals (about half the
hospitals are financed by Länderfonds).
Local level
•
•
Local health services (“Gemeindesanitätsdienst”): ensuring the availability
of medical services;
Local authorities run local hospitals (“Krankenhaus-träger”).
Sources
Bundesgesetz über Krankenanstalten und Kuranstalten (KAKuG)
Unser Gesundheitswesen im Überblick
19
Trans-European network policy
i.
Federal Level
•
•
•
Legislative competence in all fields of transportation;
Legislation in all fields of transport;
Responsibility of the Federal Ministry for Traffic, Innovation and
Technology.
--Local level
----
20
j.
Economic, Social and Territorial Cohesion policy
Federal Level
European Regional Development Fund (ERDF)

Sectoral competencies related to regional economic development, e.g.
trade and industry law (“Gewerberecht”), transport legislation,
legislation on water and forests (Art. 10(8,9,10) Constitution);
ERDF coordination overseen by the Federal Chancellery.
Spatial planning

Federal level does not have competency for comprehensive planning,
no specific ministry;
Sectoral planning with spatial implications in various ministries;
Coordinating function of the Federal Chancellery.
European Social Fund (ESF)

Legislation and administration (Art. 10(11) Constitution) with the
exception of employment policies relating to the employees in
agriculture and forestry (Art. 12(1,6) Constitution). Concerning the
latter, the federal level only passes framework laws;
Public Employment Service Austria (AMS);
ESF Coordination overseen by the Federal Ministry of Labour, Social
Affairs and Consumer Protection.

Setting of regional political priorities, developing programmes and
implementing regional policy;
Regional economic and infrastructure planning in cooperation with the
federal level, administration of programmes to support regional
development is limited by the availability of financial means.
21
Spatial planning

Setting of legal framework for spatial planning;
Administration of spatial planning programmes.

Regionalised structure of labour market services;
Administration of measures to support the local labour market.
Local level

Participation in the administration of regional and structural policy,
local administration of regional and structural policy regulated in the
federal constitution;
Programmes to support the local economy.
Spatial planning

Local land use plans (“Flächenwidmungsplan”)
In some Länder, local authorities have set up local development
schemes (“Räumliches Entwicklungskonzept”), which set guidelines
for the future development of the municipal territory;
Building regulation plan (“Bebauungsplan”);
Local spatial planning is one of the autonomous tasks of the
municipalities under general state supervision (approval of spatial
planning, verification on the conformity with spatial planning laws at
the regional and national level).

Constitutional competencies of the local level in labour market policy
are very limited;
Administration of measures to support the local labour market by
making use of local economic support policy.
22
Environment and the fight against climate change policy
k.
Federal Level
•
•
•
•
•
•
Within the realm of health policy, the federal level has legislative and
executive competences on air pollution, waste (especially dangerous waste)
and other types of pollution caused by the exceeding of pollution limits
(Art. 10(12) Constitution) as well as environmental impact assessments for
large scale infrastructure projects (Art. 10(9) Constitution);
Legislative competence for environmental impact assessments for projects
that are potentially harmful for the environment. (Art. 11(7) Constitution);
Where uniform standards are necessary, the federal level has the legislative
competence to set emission limits for air pollution (Art. 11(5)
Constitution);
Provides for financial support to the Länder for the creation of natural
parks;
Since 2005 the federal level has been competent for animal protection
legislation;
Issues waste management plans
•
•
•
•
•
General competence for the protection of the environment and the
landscape. Each Land has its own law on nature conservation
(“Naturschutzgesetz”). (Art. 15 Constitution);
Protection of nature and landscapes;
Establishing and maintaining the national parks;
Administration of federal law (e.g. on animal welfare legislation);
Issuing waste management plans at regional level. These plans have to be
presented to the Federal Minister of Environment before it becomes
integrated into the national plan.
Local level
•
•
•
Water supply;
Sewerage;
23
•
•
Waste disposal;
Local energy efficiency plans.
Sources
Comparing Regions, Cities and Communities:
Local Government
Benchmarking in Austria as an Instrument for improving Performance and
Competitiveness
Environment Agency Austria
Kommunale Sommergespräche 2007
24
Energy policy
l.
Federal Level
•
•
•
•
•
•
•
Legislative and administrative competence to set norms and lay down
classifications for electric facilities as well as taking security measures in
this field. (Art. 12 (10) Constitution);
Legislative and administrative competence to ensure the security of energy
supplies;
Legislative and administrative competence for the control of fissile material
and technology for the production of the same;
Competence to set minimum standards for the energy efficiency of
electronic equipment as well as to label electronic equipment according to
its energy efficiency as well as the organisation of the energy efficiency;
Framework legislation for the production, transition, distribution and
provision of electricity industry;
Price setting for the usage of power grids;
Support of energy from renewable sources.
•
•
•
•
Provincial energy plans;
Administration of renewable energy policies;
Energy taxes;
Financial grants to promote the development of renewable energy
technologies.
Local level
•
•
•
Local energy plans;
Administration of the ‘e5 programme’ – a programme which provides
support for the municipalities to achieve energy efficiency and improve
climate protection;
Providing energy efficiency information.
25
Sources
Energielenkungsgesetz
Erdöl-Bevorratungs- und Meldegesetz
e5 Österreich – Programm für energieeffiziente Gemeinden
Ökostromgesetz
Renewable Energy Policy Review
SicherheitskontrollgesetzElektrotechnikgesetz
26
governance in the fields of particular interest for
LRAs
a. Agriculture policy
Federal Level
The Federal Ministry of Agriculture, Forestry, Environment and Water
Management is responsible for the European orientation.
•
•
•
Administration of national policies by the departments of the Länder;
Support measures and funding for agricultural and forestry enterprises;
Improvement of the entire infrastructure in rural areas;
Local level
--Sources
Austria – Agriculture
27
b. Fisheries policy
Federal level
--Regional level – Länder
•
•
In accordance with Article 15 Constitution, fishing (professional and sport
fishing) is covered at the regional level in terms of legislation;
Issuing of fishing licences.
Local level
---
28
c. Immigration and asylum policy
Federal Level
•
•
Legislative and administrative competence including border control,
asylum and expulsion;
Merger of the competences to a new federal office from 2014 onward.
•
•
Social assistance;
Housing-specific services.
Local level
•
•
•
Practical administration of Federal and Länder legislation;
Information for migrants;
Local integration strategies.
Sources
Austria Country Report - Work Package 2
Aktuelle Begutachtungen
Integrationsleitbilder und Integrationsbeiräte österreichischer Städte
29
d. Tourism policy
Federal Level
• The Federal Ministry of Economy, Family and Youth (BMWFJ) is the
competent authority;
• Tourism statistics;
• Conclusion of international agreements in tourism;
• Financial support to tourism;
• General coordinating role.
•
•
•
•
Main level responsible for the legislative framework on tourism;
Tourism policy;
Tourism marketing organisations;
Coordinates municipalities in tourism associations.
Local level
•
•
Implement the tourism policies;
Local tourism initiatives.
Sources
Beratung und Übernahme von Serviceaufgaben für die Tourismusverbände
sowie deren Aufsicht
Strategiepapier Tourismuspolitik
Tourism in Austria
30
e. Civil protection policy
Federal level
•
•
•
•
•
State Catastrophe and Crisis Management (“SKKM – Staatliches Krisenund Katastrophenmanagement”) through the Austrian Ministry of the
Interior;
Co-ordination of international disaster relief through the Austrian Ministry
of the Interior;
The operational headquarter within the Austrian Ministry of the Interior is
the Federal Warning Centre (“Bundeswarnzentrale - BWZ”) within the
Operations and Crisis Coordination Centre (“Einsatz- und
Krisenkoordinationscenter – EKC”);
The
Austrian
civil
protection
association
(“Österreichischer
Zivilschutzverband”) consists of one nationwide association as well as the
individual associations of the Länder. Its mission is to inform citizens on
issues of civil protection;
The police restructured in 2005 when all law enforcement agencies became
federalised and a federal police was created.
•
•
Disaster relief measures are primarily the competence of the Länder. The
legal bases are the individual Länder laws (“Katastrophenhilfegesetze”)
which lay down the operational command structures for the lower Land and
the lower tier administrative units, districts and municipalities;
The
Austrian
civil
protection
association
(“Österreichischer
Zivilschutzverband”) consists of one nationwide association as well as the
individual associations of the Länder. Its mission is to inform citizens on
issues of civil protection.
Local level
•
Disaster relief measures are primarily the competence of the Länder. The
legal bases are the individual Länder laws (“Katastrophenhilfegesetze”)
which lay down the operational command structures for the Land and the
lower tier administrative units, districts and municipalities;
31
•
Municipality police (“Gemeindewachkörper”).
Sources
32
2. Belgium
The elements mentioned in blue are the changes foreseen by the 6th State
Reform as proposed at the end of 2011 (the so-called Butterfly Agreement).
The Kingdom of Belgium was formed in 1830 as a unitary state. There have
long been tensions between the Flemish and French language communities and,
from the mid-twentieth century on, economic differences between the regions of
Flanders and Wallonia. Brussels, physically surrounded by Flanders, is
bilingual. The federalisation process which began in 1970 has gone through
several successive state reforms: in 1970, 1980, 1988-89, 1993 and 2001. This
process created a complex federal state in which certain competences overlap. In
this context the autonomy of local authorities differs depending on the region.
Belgium is a federal state composed of three regions and three (language)
communities. Below the regions, there are provinces and municipalities.
The legislative power is exercised by the Federal Parliament (composed of two
assemblies: the Chamber of the Representatives and the Senate) The upper
house of the Federal Parliament, the Senate, is elected on the basis of a system
providing for the representation of regions and communities (Art. 67 of the
Constitution). It has no veto powers over federal legislation.
The three Communities are:
- The Flemish Community (Vlaamse Gemeenschap);
- The French Community (Communauté française), and
- The German Community (Deutschsprachige Gemeinschaft).
The three Regions are:
- The Flemish Region (Vlaanderen);
- The Walloon Region (Région Wallone), and
- The Brussels Capital Region (Région Bruxelles Capital – Brussel
Hoofdstedelijk Gewest).
The territories of regions and communities overlap. Both communities have
competences in Brussels, and the German-speaking Community is contained
within Wallonia. The institutions of the Flemish Region and Flemish
Community were merged after 1980.
33
There are therefore five legislatures:
- The Flemish Parliament has 124 directly elected members, 118 designated by
proportional representation from party lists in multi-member constituencies in
the Flemish Region, and six members elected from Brussels who participate
only in Community matters.
- The Walloon Parliament has 75 members directly elected by proportional
representation from party lists in multi-member constituencies.
- The Brussels Region Parliament has 89 members, elected by proportional
representation from separate Flemish and French-speaking party lists in
multimember constituencies 72 French and 17 Flemish. Within this parliament,
there are separate French and Flemish Commissions.
- The French Community Parliament has 94 members indirectly elected,
including the 75 members of the Walloon Parliament and 19 chosen from the
Brussels Region Parliament.
- The German-speaking Community Parliament has 25 members elected by
proportional representation from party lists.
All of the parliaments are elected for a five-year term.
Each region and community has a government elected by the Parliament and
which in turn elects a president (known as minister-president in Flanders). In
Brussels, the government has five members, two from each language group and
the president, who can be from either group.
Provincial level4
There are ten provinces, now contained within the respective Flemish and
Walloon regions. The Brussels Region directly exercises provincial
competences.
Provinces have a dual function:
- Firstly, they are autonomous political communities (decentralisation),
responsible for all matters within the provincial interest,
- But they are also subordinate authorities responsible for implementing
decisions taken by other levels (deconcentration).
However, even in the context of decentralisation, the province is tested in the
exercise of its powers.
4
Taken from: Study on the activities of Walloon Provinces, in particular Part I, Author: Association of Walloon
Provinces.
34
More generally, and this constitutes the lion's share of the activity of the
provincial institution, the province leads (in the existing legislative and
regulatory framework) policies it funds through its own fiscal autonomy.
Municipal level
There are 589 municipalities (commune – gemeente – Gemeinde):
- Wallonia contains 262 municipalities, including 9 German-speaking
municipalities;
- Brussels contains 19 municipalities, and
- Flanders contains 308 municipalities.
The Federal State is responsible for the obligations of Belgium and its
federalised institutions toward the EU and NATO.
The Federal powers also cover everything that does not expressly come under
the Communities or Regions. However, the Federal State has no authority over
the competences assigned to the federated entities. Since 1988, the supervision
of local authorities was transferred to the regional governments.
The distribution of competences between the regions and communities and
the federal level is subject to judicial control. The federal Court of Arbitration
can annul legislation that contravenes the division of powers. The Council of
State advises on the constitutionality of legislation and can rule administrative
acts unconstitutional.
Revenue excluding borrowing for the sub-national public sector as a whole
in 2005 amounted to EUR 63.3 billion. Federated entities and local governments
received almost EUR 49.5 billion in non-consolidated revenue excluding
borrowing. The lion’s share of this revenue goes to the federated entities (69%),
while municipalities represent 27% and provinces 4%5.
The structure of this revenue has significantly changed over the past ten years.
The 1989 Special Financing Act (amended by the Special Act of 13 July 2001)
was especially instrumental as it dealt with the refinancing of communities and
the extension of fiscal competences for regions, giving them much greater fiscal
autonomy. In turn, the federated entities modified the financing modes for the
municipalities and provinces on their respective territories, leading to different
regulation by region6.
5
6
Ibid
35
Tax revenue is now the major source of financing for municipalities and
provinces, and to an even greater degree for communities and regions, for which
it represents more than 90% of their resources7.
The 6th State Reform has been proposed and was presented before the
Parliament at the end of 2011 (the so-called Butterfly Agreement). On 29
March 2012 the committee for the implementation of institutional reforms
reached an agreement on the proposed legal texts concerning the first part of the
6th State Reform. Proposals will be introduced in the House of Representatives
relating to: the judicial district of BHV and to the improvements of the voting
arrangements of Belgians abroad. Proposals will be tabled in the Senate
concerning: the division of the BHV electoral district, the fair financing of
Brussels-Capital, the new procedure on the mayors of six surrounding
municipalities, the metropolitan community and political renewal.
The aim is to vote on the first part of the 6th State Reform in the shortest possible
time, after obtaining the opinion of the State Council.
With this agreement on the legal texts, achieving the implementation of the
reform is on track.
Asymmetry will also increase in Flanders as an internal state reform is being
planned which in particular foresees diminishing the role of the Provinces.
7
Ibid
36
National level
Federal responsibilities
The legislative power is exercised by the Federal Parliament (2 assemblies: the
Chamber of the Representatives and the Senate) in the following areas:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Defence;
The legal system;
Finance;
Social security;
Public health*;
Monetary policy;
International relations*;
Economic policy*;
Energy*;
External trade*;
Agriculture*;
Employment*;
Transport*;
Use of languages*;
Taxation*, and
Aid to developing countries*.
* shared responsibilities
Regional level
Responsibilities of the communities
The three communities have legislative power and may issue community
decrees which have the force of law. There is no hierarchical relationship
between the communities and the federal authority. The responsibilities of the
Communities include:
•
•
•
•
Use of languages*;
Culture (theatre, libraries, the media, including radio and TV);
Education and training*;
Person–related matters: health policy (sanitary education and preventive
medicine) and assistance to individuals (social welfare, aid to families,
protection of youth, immigrant assistance services);
• Scientific research in relation to community competencies, and
37
• International relation powers in all matters entrusted to the communities
Responsibilities of the regions:
There are three regions (the Flemish Region, the Brussels-Capital Region and
the Walloon Region)
During the second reform of the state in 1980, the Flemish and the Walloon
Regions were given their Parliament and Government. The Brussels-Capital
Region, on the other hand, was only granted its institutions during the third
reform of the State in 1988-89.
The Regions have legislative and executive organs: these are known as the
Regional Parliament and the Regional Government.
However in Flanders, the Community and Regional institutions were merged. So
in Flanders, there is one parliament and one government.
The Walloon Region exercises regional competencies over both linguistic
regions. However, the Region has transferred some of those competencies to the
German-speaking Community for the German-speaking linguistic region.
Additionally, the Walloon Region exercises some transferred community
competencies, only in the French-speaking Region. Thus this study will not
enter into details for this sub-division of competences at variable geometry.
Note: in Brussels
In the bilingual region of Brussels-Capital, there are 3 Community Commissions
which share in the exercising of Community competencies: the French
Community Commission (COCOF), the Flemish Community Commission
(VGC) and the Common Community Commission (COCOM). This study will
not enter into detail for this sub-division in the exercise of those competences.
Regions have legislative powers in fields that are connected with their region or
territory in the widest meaning of the term. Therefore, the regions may issue
regional decrees which have the force of law. There is no hierarchical
relationship between the regions and the federal authority. Their powers cover:
• Urban policy and spatial planning;
• Environment* and water policy;
• Nature conservation;
38
•
•
•
•
•
•
•
•
•
•
•
•
Public works (infrastructure);
Transport*;
External trade*;
Agriculture and Fisheries*;
Energy*;
Public housing;
Economic policy*;
Employment*;
Taxation*;
Supervision of municipal and provincial law;
Scientific research in relation to regional competencies, and
International relation powers in all matters entrusted to the regions and the
import, export and transit of arms.
Local level
Since the fourth State reform, there have been ten provinces.
Indeed, in the fourth State reform, the province of Brabant was abolished and
replaced by two new provinces: Flemish Brabant and Walloon Brabant.
The part in the Walloon Region became the province of Walloon Brabant, the
part in the Flemish Region became Flemish Brabant.
The territory of the Brussels-Capital Region remains and falls outside the scope
of the division of the country into provinces. The powers over community
affairs that belonged in that region to the Provincial Council and the Permanent
Deputation of the old province of Brabant were exercised from then on by the
Flemish Community Commission, the French Community Commission and the
Joint Community Commission.
The powers over regional or federal affairs that belonged in that region to the
Provincial Council and the Permanent Deputation of the old province of Brabant,
are exercised by the Brussels-Capital Region.
This division has been a reality since 1 January 1995. Since that date, Brussels
has not been subject to provincial authority.
The fifth State reform (the so-called Lambermont Agreement) transferred many
powers to the Regions. They are now directly responsible for implementation;
39
however, the federal legislation continues to exist as long as the Regions have
not adopted their own decrees in this respect.
Administrative responsibilities of the provinces
There are ten provinces, plus the Brussels-Capital Region Community
Commissions, which are responsible for:
•
•
•
•
•
Implementing all federal, community and regional regulations;
General provincial affairs
The maintenance of infrastructure;
Urban planning, and
Launching initiatives in education, culture, sport, preventive medicine and
social policy.
Administrative responsibilities of the communes
There are 589 communes, which are competent for:
•
•
•
•
•
•
•
Maintenance of public order;
Organisation of elections;
Public registry office;
Planning permission;
Maintenance of road infrastructure;
Social welfare, and
General municipal affairs.
One Belgian particularity is the “communes à facilités’’. These municipalities
must provide administrative facilities for their inhabitants who speak another
language than the official one. The creation of "administrative facilities" is a
consequence of the language laws that regulate the use of languages in Belgium.
Outside the nineteen municipalities of the bilingual region of Brussels, all
municipalities must employ in their actions and in their relations with their
citizens, the official language of the linguistic region (French, Dutch or German.
This causes problem for the municipalities inhabited by a minority (or even a
majority) of people who use another language. Facilities have been granted to
residents of some municipalities that enable them to obtain the deeds,
information, certificates and other paperwork in a language other than the
common one, and use that language in their dealings with the town. There are
twenty-seven municipalities with facilities in total.
40
In addition, in some of those municipalities, the rules guarantee the political
rights of both linguistic components of the population to prevent municipalities
from taking decisions that could be harmful to a part of the population.
Representation: At federal level, local associations participate in numerous
inter-institutional committees, representing their positions. There are many
councils and committees in which the associations are represented.
Information: During the legislative process, information is provided to the
regions and communities to the extent that information is published on the
Parliament’s website. Councils and committees are also opportunities for the
LRAs to be informed.
Consultation8: There is no strictly defined consultation procedure at the federal
level aside from the fact that associations of local authorities participate in
numerous inter-institutional committees.
In 1988, the supervision of local authorities was transferred to the regional
governments. This has had serious consequences on the consultation
procedures. The regional level is becoming increasingly important for local
government.
In the Flanders region, strictly speaking, no formal consultation procedure
exists. However, the Association of Flemish Cities and Municipalities (VVSG)
sits on several inter-institutional committees at the Flemish level. Through this
participation, many informal contacts are developed between the management
and members of the VVSG team, and the cabinets and civil servants of the
Flemish administration. Occasionally the management or members of the VVSG
team are invited to present the position of VVSG in committees or in the plenary
session of the Flemish Parliament.
In the Walloon region, the local governments have their own consultative
council. This is the highest council of the cities, municipalities and provinces of
the Walloon region. Instituted by the decree of 1 July 1993, its mission is “to
provide an opinion concerning any draft decree of the Walloon Parliament that
might influence the finances and/or administration of cities, public centres of
social action (CPAS), provinces of the Walloon region.” The Parliament or the
8
Committee of the Regions, Study on the Division of Powers between the EU, the Member States and Regional
and Local Authorities, (Author: European University Institute, under the supervision of Professors Michael
Keating and Jacques Ziller) 2008.
Council of European Municipalities and Regions, Study on ‘Consultation procedures within European States’,
2007, pp. 211-215
41
Government may use this non-binding opinion when finalising their draft. The
Union of Cities and Municipalities of the Walloon Region (UVCW) participates
in this council, proposing the nominations of eight of the 16 municipally
mandated members of the council, and taking part in the work of the council as
experts. Furthermore, the UVCW participates in various committees and
councils in different fields, both in the context of the Walloon region and in the
“Communauté Wallonie - Bruxelles” (a non constitutional body that focuses on
international relations of the French-speaking Community). In addition, UVCW
frequently has hearings with the national parliament and the Walloon Parliament
concerning draft laws or decrees of importance for local government. Finally,
UVCW is often directly and informally consulted by the regional authority prior
to decisions it wishes to take.
No formal procedure exists in the Brussels region. The Association of the
City and the Municipalities of the Brussels-Capital Region (AVCB) participates
in different committees and councils, both in the context of the Brussels region
and in the community “Walloon Brussels”.
Given the number of councils and committees in which the associations are
represented, local government is broadly consulted. However, consultation is not
systematic and association often must be vigilant in order to take action in time
on an issue that would impact local authorities, particularly concerning finances.
Coordination: For matters under the competence of the federal state that bear
consequences for local government, the three associations of local authorities
consult together in order to possibly adopt a common position.
The Concertation Committee is a multilateral body of federal and sub national
ministers that seek to negotiate solutions to conflicting policies.
Another tool is the co-operation agreement. Co operation agreements are
agreements which are negotiated and concluded by the Federal Authority and
one or more federated entities, or by the federated entities between them, to
increase their co-operation in a given matter or to clarify the role of each one.
Compulsory co-operation agreements exist in matters where the law requires
that one should be concluded, and optional co-operation agreements can be
decided on the initiative of the parties concerned.
A typical Belgian procedure (“la sonnette d’alarme”) was recorded in Art. 54
of the Constitution in the course of the first State reform (1970). A reasoned
motion signed by at least three-quarters of the members of one of the linguistic
groups can declare that the provisions that it designates of a Government bill or
private member’s bill can gravely damage relations between the Communities.
In this case, Parliamentary procedure is suspended and the motion is referred to
42
the Council of Ministers, which within thirty days gives its reasoned opinion on
the motion and invites the House involved to pronounce on this opinion. This
procedure can be applied only once by the members of a linguistic group with
regard to the same Government bill or private member’s bill.
Belgium Regions (three Regions), Communities (three Communities) and
Municipalities are represented at the CoR.
Belgian regions and communities may participate in the Council of the
European Union. Matters are divided into those predominantly concerning the
federal, the regional, or the community governments; representation in the
Council is arranged accordingly, either by only one level representing Belgium
or by a joint delegation. Where there is exclusive competence, the respective
level nominates the representative and assistant representative. In other cases
(including the last two), the predominant government nominates the
representative and the other government the assistant. The Coordination of
Belgian positions within the EU is undertaken by the Directorate for European
Affairs in the Foreign Ministry. Where regional or community matters are
concerned, agreement requires the consent of all the relevant governments. If
this is not forthcoming, the matter can be referred to the Inter ministerial
Conference for Foreign Policy. If agreement is not reached, Belgium has to
abstain in the EU Council.
2.3 Subsidiarity9
Within the framework of the Early Warning System (EWS), EU legislative
proposals are transmitted to the Senate, as well as to the House of
Representatives, and the Regional/Community Parliaments, without filtering.
The Senate examines the proposals (European Affairs Committee and
Specialised Committee) and transmits its opinion to the Conference of Speakers
of the Belgian legislative assemblies.
The House of Representatives examines the proposals and transmits its opinion
to the Conference of Speakers of the Belgian legislative assemblies.
The Conference of Speakers of the Belgian legislative assemblies examines the
proposals and transmits its opinion(s) to the European Commission/EU
9
Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’, (2011), Committee of the Regions,
drafted by EIPA. Not published.
43
Institutions and through the Interparliamentary EU Information Exchange
(IPEX) platform.
Regional/Community Parliaments examines the proposals (committee dealing
with European affairs + Standing committees) and transmit their opinion(s) to
the Conference of Speakers of the Belgian legislative assemblies.
2.4 Bibliography
Constitution
Constitution of Belgium (Constitution belge texte coordonné du 17 février
1994).
Legislation
Decree of the Walloon Region of 6 May 1999 relating to the exercise by the
German community and the competences of the Walloon Region in employment
matter (Décret de la Région Wallonne du 6 mai 1999 relatif à l’exercice, par la
Communauté germanophone, des compétences de la région Wallonne en
matière d’emploi et de fouilles)
Decree of the French Community (19 July 1993) relating to the transfer of the
exercise of certain competences of the French Community to the Walloon
Region (Décret de la Communauté française du 19 juillet 1993 relatif au
transfert de l’exercice de certaines compétences de la Communauté française á
la région wallonne et á la commission communautaire française). In particular,
Art. 3, indent 6.
Law of Institutional Reform for the German Speaking Community of 31
December 1983 (Loi de réformes insitutionnelles pour la Communauté
germanophone du 31 décembre 1983)
Special law of Institutional Reform (Loi Spéciale de réformes institutionnelles
du 8 Août 1980)
Special law on the financing of Regions and Communities (Loi spéciale du 16
janvier 1989 relative au financement des Communautés et des Régions
44
Websites
Association of Walloon Provinces, Study on the activities of Walloon Provinces,
in particular Part I, 4 March 2012, Author: Association of Walloon Provinces
Belgium Portal, official information and services
- Competences of the federal government
- Competences of the regions
- Competences of the Communities
- Competences of the provinces
- Competences of the communes
Food and Agriculture Organization of the UN, Fisheries and Aquaculture
Department, Information on Fisheries management in the Kingdom of Belgium.
Governmental agreement of December 2011 (Accord du Gouvernment)
The French speaking community website (Fédération Wallonie-Bruxelles)
Centre for socio-political research and information (CRISP) section Public
authorities in Wallonia
Website of the Belgium Prime Minister
Website of the Flanders region
Alain Gerlache, Johan Vande lanotte, Marc Uyttendaele, Siegfried Bracke,
Geert Goedertier, La Belgique pour débutant, la Charte, Brugges, 2001.
procedures within European States’, 2007, pp. 211-215.
Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’,
(2011), Committee of the Regions, drafted by EIPA. Not published.
45
the CoR
a. Transport policy
National level
Federal Government
The central government is responsible for:
•
•
•
•
Railways and infrastructure, including the legislation, supervision and
public financing of the Belgian National Railway Company (SNCB);
Air traffic in general;
The control and regulation of traffic and transit of goods, and
Security measures concerning building and repairing roads, ports,
waterways, dykes, airports (cooperation agreements between federal and
regional administrations are required).
Regional level
Regions
Roads and infrastructure;
•
•
•
•
•
•
•
•
•
Airports and infrastructure (the Federal Authority is responsible for
managing Brussels-National Airport, which is situated in the Flemish
region);
Ports and infrastructure;
Dykes and infrastructure;
Waterways and infrastructure;
Sea-routes, sea-walls;
Ferry services;
Pilotage and buoyage services into and out of ports, as well as sea rescue
and towing services;
Public transport at regional level, and
Mobility and road safety competences transferred to the Regions except
the definition of traffic rules (Federal level).
46
Communities
--Local level
Provinces / Municipalities
•
•
•
•
The provision of public local transport;
Local road maintenance;
Local (municipal or provincial) town and country planning, and
Local (municipal or provincial) traffic planning.
Sources
1994). In particular Art. 35
Centre for socio-political research and information (CRISP) (Centre de
recherche et d’information socio-politique) section Public Authorities in
Wallonia.
du 8 Août 1980). In particular Art. 6, paragraph 1, 10
The French Speaking Community website (Fédération Wallonie-Bruxelles)
47
b. Employment policy
National level
Federal Government
•
•
•
•
•
•
The setting of strategic framework conditions for developing
employment;
Ensuring optimal conditions for access to and participation in the labour
market;
Programmes for re-employment;
Unemployment benefits (Ministry of Employment and Labour, National
Employment Office);
The labour law and supervision of observance of the applicable standards,
and
Ensuring solidarity and equal rights and opportunities.
Regional level
Regions
•
•
•
•
•
•
•
The implementation of employment policy (cooperation agreements are
concluded between the federal authority and the Regions)
Public Employment Service (Mediation of Jobs);
Programmes for re-employment;
The legislation concerning employment of foreigners;
Allocating the budget to any kind of labour market policies (wage costs,
professional insertion programmes, training and support for job seekers,
etc.);
The refunding of company reclassification costs and of the sanctions for
employers if there is no redeployment, and
The control (and sanctions) over the availability of the job seekers.
(Unemployed availability check).
48
Communities
There are no competencies of the Communities apart from the German-speaking
Community.
The nine communes of the German-speaking Community are also part of the
region of Wallonia. In order to optimise the coherence between job and training
policies, the region of Wallonia transferred the responsibility for employment
issues in theses nine communes to the German-speaking Community in 1999.
Local level
•
•
•
•
Day-to-day services ensuring better opportunities for local employment;
Territorial employment pacts;
Local Employment Agencies, and
The local development of employment, job-creation.
Sources
1994). In particular Art. 39 and 139
Wallonia
Decree of the Walloon Region of 6 May 1999 relating to the exercise by the
German community and the competences of the Walloon Region in employment
matters (Décret de la Région Wallonne du 6 mai 1999 relatif à l’exercice, par la
Communauté germanophone, des compétences de la région Wallonne en
matière d’emploi et de fouilles)
du 8 Août 1980). In particular Art. 6, paragraph 1, indent IX
The French Speaking Community website (Fédération Wallonie-Bruxelles)
49
c. Social policy
National level
Federal Government
The central government is responsible for legislating and implementing social
assistance and for the social reintegration of convicts.
Regarding family policy, it is responsible for:
•
•
•
•
Legislation and implementation;
The policy concerning elderly people;
The basic legislation on social and legal protection of the youth, and
Ensuring solidarity and equal rights and opportunities.
Regional level
Regions
Regional authorities are responsible for public housing.
Communities
Communities’ authorities are responsible for welfare services, as well as, and
regarding family policy, care for youth, the family and elderly people, and for
providing family allowances and birth allowances (transferred).
Local level
Local authorities are responsible for providing social services and setting up a
CPAS (Public Centre for Social Action) in each commune.
Moreover, municipalities are involved in public housing, in particular in:
•
•
•
•
Drafting three-yearly housing plan;
The compulsory purchases of derelict housing;
Participating in social housing agencies, and
Managing their property.
50
Sources
1994). In particular Art. 128, 130 and 138
Wallonia
la région wallonne et á la commission communautaire française). In particular
Art. 3, indent
Law of Institutional Reform for the German Community (Loi de réformes
institutionnelles pour la Communauté germanophone (31 décembre 1983)). In
particular Art. 4, paragraph 2
du 8 Août 1980). In particular Art. 5, paragraph1, indent II, 4
The French Speaking Community (Fédération Wallonie-Bruxelles)
51
d. Education policy
National level
Federal Government
The central government is responsible for the general training policy, in
particular for:
•
•
•
Setting beginning and end of compulsory education;
The regulation of minimum conditions for diploma, and
Determining trade union status and pension schemes for teachers.
Regional level
Regions
--Communities
General training is a major part of the competency of the Communities, which
they apply to linguistically defined areas. Their responsibilities include:
•
•
•
•
General guidelines;
Financing;
School transport, and
Grants for students.
Local level
Provinces/Municipalities
Provinces and Municipalities take initiatives within their general competency for
regulating local affairs as regards to the general training policy, including:
•
•
The participation in policy implementation according to the rules and
norms set by the federal level and the Communities;
Education, as for example the running of general training infrastructure;
50% of provincial expenditure is related to General Training Policy and 28% of
municipal expenditure is related to General Training Policy.
52
Sources
Wallonia
53
e. Vocational training
National level
Federal Government
•
•
•
Fixing minimum conditions for the awarding of diplomas;
The allocation of funds for vocational training, and
Programmes for re-employment.
Regional level
Regions
•
•
•
•
•
•
•
•
•
•
Training and work integration initiatives;
The training of job-seekers;
The placement and support of job-seekers;
Support of small businesses;
The training and assistance for starting up of small businesses;
Centres for the self-employed;
The management and recruitment policy;
Payments for professional advice on in-house organisations;
The regulations on expansion of businesses, and
Enterprise centres
Communities
Communities’ authorities are responsible for:
•
•
•
•
•
Apprenticeships;
Part-time vocational training;
Vocational training in secondary schools;
Training courses, and
Centres on temporary work experience.
54
Local level
--Sources
Wallonia
Art. 3
du 8 Août 1980). In particular Art. 4
The French speaking community (Fédération Wallonie-Bruxelles)
55
f.
National level
Federal Government
Youth assistance and protection
• The basic legislation, including the status of minors, rules of criminal law
for youth-protection offences, juvenile courts, loss of parental rights and
supervision of social benefits;
• Legislative competence for measures relating to minors who have
committed offences.
Regional level
Regions
--Communities
Youth Policy
•
•
Youth policy formulation and implementation, and
The legal framework for youth policy.
Youth assistance and protection
•
•
•
Basic legislation and finance intervention to help minors in difficulty and
their families;
Implementing legal measures to assist young people and minors who have
committed offences, and
Legislative competence on creating institutions that train and supervise
young people (organise or subsidise these institutions);
56
Sport
•
•
Legislative and financial responsibility;
The French Community has transferred responsibility for subsidising
sporting infrastructure in the French linguistic region to the Walloon
Region.
Local level
Local authorities, communes and provinces, can play the role of organising
authority in the area of sport.
Sources
1994). In particular Art. 127, 128, 130 and 138
Wallonia
Art. 3, indent 1
particular Art. 4, paragraphs 1 and 2
du 8 Août 1980). In particular Art. 4, 5, paragraph 1, II, 6, 7
57
g. Culture policy
National level
Federal Government
Despite the competency for cultural affairs has been transferred from the
national level to the communities, the “bi-cultural institutions” in Brussels
(neither Flemish nor French) remain under federal authority (the Théâtre Royal
de la Monnaie, the National Orchestra of Belgium and the Palais des BeauxArts).
Regional level
Regions
--Communities
•
•
•
•
Cultural affairs (both legislative and executive power);
Setting up, running and financing cultural institutions;
Support of cultural creativity and artistic activities;
The external cultural policy and cooperation between the Communities
for the joint interest representation in international organisations.
The competency of the Communities applies within the territorial determined
linguistic areas and for cultural institutions in Brussels, which belong to one of
the two linguistic groups;
Local level
•
•
The participation in cultural activities in the framework of local selfadministration, and
Policy-shaping (only limited influence).
58
Sources
Wallonia
du 8 Août 1980). In particular Art. 4. (Last consultation 13.01.12).
59
h. Public health policy
National level
Federal Government10
•
•
•
•
•
•
•
The basic legislation on health care;
The basic legislation on policies for handicapped people;
The legislation on hospitals, homes for the elderly, psychiatric
institutions, health & invalidity insurance, recognition of pharmaceuticals;
Rules for medical, nursing and paramedical professions;
Social security and invalidity benefits;
The Agency for security of the food chain, and
The provision of a legal framework for health education.
Regional level
Regions
There is no genuine regional competency in the field of public health. However,
regions have competencies in related policy fields (e.g. environment, control of
businesses).
Communities
•
•
•
•
•
The drafting and application of national law;
The formulation and implementation of policy on public health care
services;
Running the hospitals and provide public health care (also for people with
disabilities);
The policy towards invalids and elderly people (except for federal
competencies);
Public health education and disease prevention;
10
Healthcare issues: an institute will be created in order to provide answers on healthcare issues but also on key
challenges for the future of the sector. This institute will be an inter-federal structure that brings together
healthcare ministers. Its mission will be to adopt a common global vision and sustainable policy for the sector.
60
The policy for providing health care has been transferred by the French
Community to the Walloon Region (except for university hospitals, which come
under the French Community).
Local level
•
•
•
•
General principle of local self-administration;
Health education and preventive medicine are the responsibility of the
communes;
Public welfare services, including psychological aid and medical corps,
and
The administrative control of public hospitals.
Sources
Centre for socio-political research and information (CRISP) (Centre de cherche
et d’information socio-politique) section Public Authorities in Wallonia
Art. 3, indent 6
du 8 Août 1980). In particular Art.. 5, paragraph 1, indent I
61
i.
Trans –European network policy
National level
Federal Government
•
•
•
•
The general decision-making;
The setting of political priorities;
The determination of financial conditions for investment, and
Decisions on Belgian participation in TEN.
Regional level
Regions
•
•
Transport infrastructure planning, and
The detailed planning for all transport infrastructure projects.
Communities
--Local level
Province/Municipalities
•
•
Consultation rights in the planning process, and
The regulation of technical aspects of transport infrastructure planning
and construction.
62
j.
National level
Federal Government
Economic policy matters that affect the economic and monetary union of
Belgium;
• The financial policy and protection of savings;
• The fiscal policy;
• Trade and company law, intellectual property rights;
• Setting the framework for public tenders;
• Prices and incomes policy, and
• Quotas and licenses.
Spatial planning
•
Spatial Planning has been transferred from the national level to the regional
level in the state reforms of 1980 and 1988. There is no federal competency, no
supervisory power on the regional competencies. However, some institutions
like the State Council and the Court of Arbitration play a judicial and advisory
role in spatial planning policy.
•
•
The labour law, and
Social security.
Regional level
Regions
•
•
•
Regional development policy;
Economic policy in a broad sense (innovation, restructuring policy and
the public industrial initiative);
Regional investment companies, subsidy policy;
63
•
•
•
•
The regional aspect of credit policy;
A series of taxes set out pursuant to a special law;
The technological attraction poles, and
The socio-economic permit which is needed for the implementation of
commercial projects.
Spatial planning
Spatial planning is a regionalised competency with no federal supervision,
which includes:
•
•
•
•
The determination of spatial planning policy and spatial planning systems;
The planning legislation and regulations;
Issuing building permits for major infrastructure projects;
The expropriation procedure (except those carried out by the federal
authority);
•
Employment support programmes.
Communities
--Local level
•
•
•
Local economic development policy in the context of the general
competency of local self-administration;
Local economic support, and
The management of economic affairs of provincial or municipal
importance.
Spatial planning
•
•
•
The development and implementation of local land use plans;
Municipal destination plans/ municipal structure plans;
The granting of building permits;
64
•
The organisation of policy-making and service provision on an intermunicipal basis.
•
•
Support for local employment opportunities, and
The management of employment policy measures of provincial or
municipal importance.
Sources
1994). In particular Art. 39, 139
Wallonia
la région wallonne et á la commission communautaire française).
Decree of the French Community (6 May 1999) relating to the transfer of the
Region (Décret de la Communauté française du 6 mai 1999 relatif au transfert
de l’exercice de certaines compétences de la Communauté française á la région
wallonne et á la commission communautaire française)
du 8 Août 1980). In particular Art. 6, paragraph 1, indent I, VI
65
k. Environment and the fight against climate change policy
National level
Federal Government
•
•
•
•
•
Nuclear waste;
Waste transit through Belgium;
Product regulations;
Penalties for environmental matters determined by the criminal courts,
and
The control and tracing of environmental violations by federal civil
servants (such as state police, court officers and customs).
Regional level
Regions
•
•
•
•
•
•
•
•
Legislation and implementation of policy on the environment and nature
conservation, including pollution of soil, water, air, noise pollution;
Waste policy;
Noise pollution standards;
The control over polluting industries;
The production and supply of water, including technical regulations
controlling the quality of drinking water;
Effluent purification;
Environmental planning, and
Waste transit except nuclear waste.
Communities
--Local level
• The implementation of the legislation in this field (by the Federal
Government or the Regions);
66
•
•
•
•
•
Services in the environmental sector;
Water supply;
Sewerage;
Day to day services, e.g. in waste collection, and
The development of environmental protection initiatives, by granting
subsidies (provinces).
Sources
Wallonia
du 8 Août 1980). In particular Art. 6, paragraph 1, indent II
67
l.
Energy
National level
Federal Government
•
•
•
•
Nuclear energy;
Federal equipment plan for electricity;
Major energy storage infrastructure, and
The transport and production of energy, and prices.
Regional level
Regions
•
•
•
•
Local transport and distribution of electricity;
The public distribution of gas;
The rational use of energy, and
Distribution tariffs (gas and electricity) will be transferred from the
federal to the regional level (except tariffs of the transmission system
operators).
Communities
--Local level
•
•
Energy supply;
The management of the public distribution of energy. (Communes
frequently use intercommunal associations for this purpose).
68
Sources
Wallonia
du 8 Août 1980). In particular Art. 6, paragraph 1, indent VII
69
LRAs
a. Agriculture
National level
Federal Government
•
•
•
•
The safety in the food chain: standards on the quality of raw materials and
products of vegetable and animal origin, control of products of animal
origin;
Standards on the health and welfare of animals and their control;
Income-replacement measures for elderly farmers taking early retirement,
and
The Belgian Intervention and Restitution Agency for the distribution of
European aid to the sector (the Regions are nevertheless represented in
this organisation).
The representation of Belgium in the European Union in this respect is governed
by a cooperation agreement.
Regional level
Regions
•
•
•
•
The agricultural policy (produce policy, prices policy);
Aid to agricultural companies;
Promotion, and
The application of European measures.
The following will be transferred from the Federal level to the Regions:
•
•
The Belgian Intervention and Restitution Agency, and
The Agricultural Disaster Fund.
70
Communities
--Local level
Local authorities are responsible for setting up promotional initiatives.
Sources
Wallonia
du 8 Août 1980). In particular Art. 6, paragraph 1, indent V
71
b. Fisheries
National level
Federal Government
•
•
•
The safety in the food chain: standards on the quality of raw materials and
products of vegetable and animal origin, control of products of animal
origin;
Standards on the health and welfare of animals and their control;
Marine fisheries research (Department of Sea Fishery of the Centre for
Agricultural Research);
The representation of Belgium in the European Union in this respect is governed
by a cooperation agreement.
Regional level
Regions
•
•
•
•
The fishery policy and fishery legislation (for both marine and inland
fishery);
Aid to fishery companies;
Promotion, and
The application of European measures (TACs and quotas).
Communities
--Local level
---
72
Sources
Food and Agriculture Organization of the UN, Fisheries and Aquaculture
Department, Information on Fisheries management in the Kingdom of Belgium.
du 8 Août 1980)
73
c. Immigration and asylum
National level
Federal Government
The central government is responsible for making the rules governing:
•
•
•
•
The access to the territory;
Residence;
Settlement, and
The removal of foreigners, including refugees and illegal immigrants.
The Federal Authority intervenes directly or indirectly in the integration of
migrants, in particular through the Immigrant Policy Impetus Fund (FIPI) and
the creation of the Centre for Equal Opportunities and the Fight Against Racism.
Regional level
Regions
Regional authorities are responsible for applying the standards governing the
employment of foreign workers, including the issuance of work permits.
The Walloon Region for the French linguistic region, and the German-speaking
Community for the German linguistic region are responsible for the reception
and integration of migrants.
Communities
• Student immigration: the communities will become competent to issue
study card. However the federal authority remains competent for the
issuing of residence permits;
• The reception and integration of migrants is a community matter, and
The French Community has transferred its responsibility for the French
linguistic region to the Walloon Region.
74
Local level
Local authorities, specifically the communes, are responsible for the
implementation of federal rules at communal level.
Sources
1994). In particular Art. 35, 128, 130 and 138
CRISP website (Centre for socio-political research and information) (Centre de
recherche et d’information socio-politique) section Public authorities in
Wallonia
Art. 3, indent 7
du 8 Août 1980). In particular Art. 5, paragraph 1, indent II, 3, Art. 6, paragraph
1, indent IX, 3
75
d. Tourism
National level
Federal Government
--Regional level
Regions
The French Community has transferred responsibility of tourism for the French
linguistic region to the Walloon Region.
Tourism competence will be transferred from community level to region level
without prejudice to the maintenance of competence for the Communities of the
promotion of Brussels.
Communities
Tourism policy, and
• The granting subsidies in the area of tourist facilities in the territory of
Brussels-Capital.
•
Local level
The communes may play the role of organising and co-subsidising authority in
the field of tourism.
Sources
CRISP website (Centre for socio-political research and information) (Centre de
Wallonia.
76
Art. 3, indent 2
du 8 Août 1980). In particular Art. 4 indent 10
77
e. Civil protection
National level
Federal Government
•
•
•
•
•
•
•
The management of emergency situations and fire fighting;
The protection and rescue of the population and of the heritage in case of
armed conflicts, disaster, calamity, and terrorist attacks (help in case of
flooding, population warnings, water supply in case of disaster...);
Telecommunications, logistical and coordination support in times of
emergency;
The inspection of fire services, management of equipment and
reinforcement of fire services;
Combating pollution;
International missions, and
Preventive missions.
Regional level
Regions
--Communities
--Local level
•
•
The organisation of fire brigades, and
Fire brigade missions (wide range of civil protection missions) at local
level.
78
Sources
Alain Gerlache, Johan Vande lanotte, Marc Uyttendaele, Siegfried Bracke,
Geert Goedertier, La Belgique pour débutant, la Charte, Brugges, 2001.
Belgium Portal, official information and services
Competences of the federal government
- Competences of the regions
- Competences of the Communities
- Competences of the provinces
- Competences of the communes
Constitution of Belgium (Constitution belge texte coordonné du 17 février 1994)
Centre for socio-political research and information (CRISP) section Public
authorities in Wallonia
The French speaking community (Fédération Wallonie-Bruxelles)
79
3. Bulgaria
Bulgaria is a parliamentary democracy in which the most powerful executive
position is that of the Prime Minister. The Bulgarian Parliament is unicameral
and comprises the National Assembly (Narodno Sabranie, Народно събрание)
which consists of 240 directly elected Deputies11. The President of Bulgaria is
also directly elected by the people.
Bulgaria is a unitary republican State. The constitution recognises the principle
of local self-government (article 135-146). The Republic comprises three levels
of governance: central, municipal and districts. The latest have purely statistical
and administrative functions. The process of decentralisation started in 2003;
since then, Municipalities have acquired administrative competences
complemented by some financial autonomy in 2002.
Bulgaria is currently composed of two NUTS-1 Regions, six planning NUTS-2
level Regions, 28 Districts12 and 264 Municipalities13.
Administrative Districts (oblasti) also known as ‘lower-level Regions’ are
devolved divisions of the central Government and are not directly elected. The
Municipality (obshtini) constitutes the only level at which self-government is
exercised 14. Bulgaria is a highly centralised State, as the national Council of
Ministers directly appoints district governors and all Districts are fully
dependent on the State’s budget, whereas Municipalities are less dependent on
the State’s budget. The State authorities and their territorial sub-divisions
exercise a control of legality over the acts of local government units (Art. 144,
Constitution of Bulgaria).
Besides the Constitution of 1991, the Local Government and Local
Administration Act 15 , the Municipal Property Act 16 and some other Acts
describe the competences attributed to the Municipalities. The Administration
Law describes the district’s functions and competences.
In 2005, revenue of the sub-national public sector amounted to EUR 1.2 billion,
representing 5.4% of national GDP and 13.1% of total public revenue. Subnational governments’ revenue are derived from taxation (own-source and
11
Constitution of the Republic of Bulgaria, Articles 63 and 64.
Districts are mentioned in part of the laws and documents as “regions”.
13
European University Institute, (2008). Study on the Division of Powers between the European Union, the
Member States, and Regional and Local Authorities. Florence: Ed. Committee of the Regions publications, p. 70.
14
Ibid., Article 135 and 136.
15
Zakon za mestnoto samoupravlenie i mestnata administratsia [Local Self-Government and Local
Administration Act].
16
Zakon za obshtinskata sobstvenost [Municipal Property Act].
12
81
shared), grants, fees, assets management and extraordinary revenue.
Municipalities’ revenue is composed of 40% of autonomous taxation, 34.3% of
grants and 25.7% of others6.
Latest reforms referring to the municipal level include: financial equalization of
municipalities to ensure minimal level of local services provided to the
population and maintain a system of indicators for monitoring and analysis of
the budgetary process in the municipalities. Proposals referring the districts
predict: integrated planning and concentration of resources to the specific needs
of the regions; effective interaction of regional development policy, sector
policy and planning; wider publicity, transparency and accountability in the
implementation of the policies and investments; and strengthening the role of
regional and district development Councils.17
Central level
The central level has legislative power in all areas (the Constitution delegates
this power to the National Assembly).
Moreover, the central level carries out State policy, manages the State budget
and maintains law and order.
Regional Level
The District is an administrative and territorial unit where State authority is
decentralised for the purpose of pursuing an effective regional policy.
Its tasks include:
•
•
•
•
The implementation of government policies in the region;
The reconciliation of national and local interests;
The protection of State property within the region;
Ensuring observance of the law within the region and exercising
administrative control;
• Exercising control over the lawfulness of the acts and actions of the
bodies of local self-government and local administration;
• Controlling the lawfulness of the acts and actions of government
agencies, organisations and enterprises within the region, and
• Organising the defence-mobilisation readiness of the population;
supervise civil defence in the event of disasters and accidents, and
assume responsibility for the protection of public order.
17
Decentralisation portal, Council of Ministers
82
Municipal Level
Municipalities are self-governing local units able to independently resolve issues
of local importance relating to:
• Municipal property, municipal enterprises, municipal finances, taxes and
fees, municipal administration;
• The organisation and development of the municipal territory and its
component inhabited places;
• Education;
• Health care;
• Culture;
• Public utilities and communal services;
• Social assistance;
• The protection of the natural environment and rational use of the natural
resources;
• The conservation of cultural, historic and architectural monuments, and
• Sports, recreation and tourism.
Representation: The National Association of Municipalities of the Republic of
Bulgaria (NAMRB) represents local government. The Association has the right
to represent Municipalities before the central authority and foreign organisations
Information: Local and Regional Authorities are not systematically informed
about the decisions taken by Narodno Sabranie, but the final decisions are
published on the website and information about the follow up of the reasoned
opinion issued by the Parliament is provided upon request7.
Consultation: There are several consultation methods of Bulgarian
municipalities, all of which are conducted through the National Association of
Municipalities in the Republic of Bulgaria with: Ministerial Council; Ministry of
Finances or with the Parliament8.
Coordination: Despite the existence of good national mechanisms for interinstitutional coordination, the internal coordination between the units is weak.
The main mechanisms authorising coordination are as follows: bilateral cooperation agreements, advisory and coordination councils, inter-institutional
83
working groups, commissions for inter-institutional coordination, expert groups.
18
3.2 Relations with the EU and Representation at EU level
The CoR delegation is composed of 12 members and 12 alternate members from
the Municipalities – mayors and members of municipal councils.
The National Association of Municipalities of the Republic of Bulgaria
(NAMRB) has a liaison office established in Brussels. Moreover, some local
and regional authorities are also represented in Brussels either via the Forum der
Regionen – an association of Bulgarian local and regional authorities, including
Pleven, Blagoevgrad, Byala Slatina, Avren, Lovech, Kaynardza, Dalgopol,
Dolni Chiflik, Mizia, Dimovo) or individually (Sofia, Burgas, Plovdiv and
Association of Thracian Municipalities – data from 2008).
Many regions cooperate with other EU regions, either on a bilateral basis or
through European associations of regions. Municipalities cooperate with
various organisations such as the Council of European Municipalities and
Regions (CEMR) and the Congress of Local and Regional Authorities at the
Council of Europe.
3.3 Subsidiarity
The procedure for checking compliance with the principles of subsidiarity and
proportionality has been in place since 2007. The relevant permanent committee
is the Committee on European Affairs and Oversight of the European Funds
(CEAOEF), which is responsible for ensuring compliance with the principle of
subsidiarity. The mechanism used is the normal scrutiny procedure that includes
a subsidiarity compliance check.
The National Assembly takes into account the local and regional dimensions of
the subsidiarity principle by consulting and inviting the relevant stakeholders to
participate in the committee’s discussions when the scrutinised proposal may
have a local or regional impact. When the National Assembly decides to consult
regional/local governments, it requests informally, via a letter, their opinion(s)
on the EU draft legislative act concerned9.
18
Ministry of Regional Development and Public Works, National Association of Municipalities in the Republic
of Bulgaria, Evaluation of the situation in the country - Analysis of the application of the principles of good
democratic governance, laid down in the European strategy on innovation and good governance at local level,
2009
84
3.4 Bibliography
Constitution of Republic of Bulgaria
Zakon za mestnoto samoupravlenie i mestnata administratsia [Local SelfGovernment and Local Administration Act]
Zakon za obshtinskata sobstvenost [Municipal Property Act]
Decentralisation portal, Council of Ministers
Zakon za obshtinskite budgeti [Municipal Budget’s Act]
Zakon za obshtinskia dalg [Municipal Debt’s Act]
Zakon za administratsiata [Administration Law]
85
the CoR
a. Transport policy
Central level
•
•
•
•
•
•
•
•
Legislation;
The drafting, coordination and implementation of the policy;
The development, modernisation, maintenance and organisation;
The regulation, application of the law and control;
The reorganisation and modernisation of the sector institutional system;
Exercising control on the management;
Supervising the application of technical support
Ensuring the coordination of transport and regional development.
Regional level
District authorities are responsible for:
• The elaboration of the regional scheme of infrastructure and transports,
in cooperation with the State;
• Regional Transport Plans, together with the local level administration,
and
• The management of regional airports and port infrastructure.
Local level
Municipal authorities are responsible for:
•
•
•
•
The building and maintenance of municipal infrastructure;
Transportation services;
Local roads, and
Recently, competencies have been delegated from the Central level to the
municipalities regarding "fisheries and yacht ports" on the Black Sea
coast.
86
Sources
Zakon za mestnoto samoupravlenie i mestnata administratsia [Local SelfGovernment and Local Administration Act]
Zakon za obshtinskata sobstvenost [Municipal Property Act]
87
Central level
The central government is responsible for (in cooperation with the representative
organisations of employees and employers):
•
•
•
•
Legislation;
The regulation of labour;
Social security relations, and
Living standard issues.
Regional Level
--Local level
Municipality Council cooperates and coordinates in the National Council for
Trilateral Cooperation on specific issues concerning the municipality.
Sources
Kodeks na truda [Labour Law Code]
Zakon za zdravoslovni i bezopasni uslovia na trud [Law on healthy and safe
work conditions],
Zakon za lechebnite zavedenia [Hospital Law]
88
c. Social policy
Central level
•
•
•
•
Sustaining and promoting of employment;
Increasing personal incomes and improving living standards;
Stable contemporary social insurance system;
Modernising the social assistance system- assistance to disadvantaged
people, fight against social exclusion and further development of social
services, and
• Maintaining and enhancing social dialogue.
Regional Level
• The cooperation with the State on social policy topics, and
• The implementation of programmes and projects.
Local level
• Implementing some of the European Social Fund (ESF) projects, and
• Orphans and children in care in local hospices. (New competences
received with respect to the "deinstitutionalisation").
Sources
Kodeks za socialno osiguriavane [Social security Code]
Zakon za socialnoto podpomagane [Law on social assistance]
89
d.
Education policy
Central level
•
•
•
•
The overall legislation;
The organisation and functioning of public education services;
The definition and award of diplomas, ranks and titles;
The repartition of funding so as to ensure the equal access to the public
service, and
• The control and evaluation of educational policies.
Regional Level
--Local level
• The compulsory school education of children up to the age of 16;
• Health services and the safety of kindergartens and schools, of children
and pupils;
• The funds for the maintenance, construction, furnishing and general
repairs of schools and kindergartens;
• The conditions for canteens, hostels, recreation, sports facilities and
transport for children, pupils and teachers, and
• Scholarships and special grants to pupils.
Sources
Zakon za Narodnata Prosveta [National Education Act]
90
e. Vocational training policy
Central level
• The overall legislation;
• Setting the requirements for the system of the professional education and
training, and
• Educational requirements for acquiring qualification for professions.
Regional level
• Coordinating the interaction between the schools, the centres for
vocational training, centres for information and vocational orientation and
the centres for qualification of training specialists;
• Coordinating the proposals of the schools for the state admission plan,
and
• Participating in the organisation of the examinations for acquiring
professional qualifications.
Local level
• The hiring of training specialists;
• The vocational orientation of students, unemployed persons, as well as of
other persons;
• The allocation of the financial resources approved by their budget;
• The development of the material and technical facilities
• The determining of the state admission
• Plan for the schools.
Sources
Zakon za Profesionalnoto Obrazovanie i Obuchennie [Vocational Education and
Training Act]
91
f.
Central level
Youth Policy
• The overall policy;
• Public Health, and
• Education.
Sport policy
The State encourages the development of physical education and sport by:
• Providing possibilities and appropriate conditions for the citizens to
practice sport for a healthy and long life;
• Creating normative provisions for the physical education and sport in the
country;
• Creating conditions and supporting the sport for all;
• Constructing, maintaining, modernising and managing sport sites and
installations;
• Assisting, coordinating, regulating and controlling the activity of the sport
organisations, and
• Financing the programmes and projects for socially useful sport activity.
Regional level
Youth Policy
• Coordinating the youth policies between the State and the Municipalities.
Sport Policy
---
92
Local level
Youth Policy
• Education and public health, and
• The funding of reception facilities.
Sport policy
The Municipalities encourage the development of physical education and sport
by:
• Programmes for the development of the local sport activity in compliance
with the national program;
• Constructing, maintaining and modernising sport and tourist sites and
installations;
• Assisting the organisation of sport competitions;
• Exercising financial, economic and control functions, and
• Creating conditions for development of public-private collaboration.
Sources
Zakon za Fizicheskoto Vyzpitanie [Law for the physical education and sport]
93
g.
Culture policy
Central level
•
•
•
•
•
•
•
The overall policy;
The protection of policy of national relevance;
The protection of cultural goods;
Supporting young authors and artists;
Libraries;
National museums, and
National archives;
Regional Level
--Local level
• The protection and development of culture combining the principles of
the national cultural policy with the local conditions and traditions.
• The financing of the municipal cultural institutes from the municipal
budgets;
• Determining the local fees for cultural organisations in order to stimulate
their development;
• Conducting competitions for cultural initiatives;
• Granting creative scholarships for supporting young authors in culture;
• Establishing rewards for contribution and achievements in the sphere of
culture;
• Creating programmes for preservation of folk art, and
• The management of archaeological/historical sites of local importance.
Sources
Zakon za Zakrila i Razvitie na kulturata [Law for Protection and development of
the culture] updated on 16 February 2010.
Zakon za kulturnoto nasledstvo [Law of cultural heritage] updated on 15 July
2011
Zakon za chitalishtata [Chitalischta Law]
94
h.
Central level
• Ensuring equality in using health services;
• Providing accessible and qualitative health care, with priority for
children, pregnant women and mothers of children up to one year;
• Priority of the health promotion and the integrated prophylactics of
diseases;
• The prevention and reduction of the risk for the health of the citizens
from the unfavourable effect of the factors of the living environment;
• Special health protection of children, pregnant women and mothers of
children up to one year of age and handicapped and mentally disordered
persons, and
• The state participation in financing activities aimed at preservation of the
health of the citizens.
Regional level
•
•
•
•
•
The control and implementation of the statutory health requirements ;
The infectious diseases control;
Health promotion and the integrated disease prevention;
Laboratory control of the environmental;
The monitoring, assessment and control of noise in urban territories and
public buildings, of pollutants in foods, and of potable water;
• The development and implementation of regional programmes and
projects; and
• The implementation of national programmes and projects.
Local level
• Carrying out sanitary-hygiene and anti-epidemic activities to protect the
environment from pollution, to provide hygienic conditions for labour,
life and leisure of the population, and to prevent diseases, and
• The co-financing of certain types of local hospitals and clinics.
95
Sources
Zakon za Zdraveto [Law of Health] updated 05 August 2011]
96
i.
Trans-European networks policy
Central level
• The overall legislation (in accordance with the principles and rules of the
common Trans-European network policy and international obligations);
• The prioritisation of projects of "national importance" (energy lines for
instance), and
• Promoting trans-European Corridors (4, 8 and 9?) and participating in EU
macro-regional policies.
Regional level
--Local level
---
97
j.
Central level
• The overall legislation (in accordance with the principles and rules of
Economic, social and territorial cohesion policy and international
obligations).
Regional level
--Local level
• Setting up priorities
• Exercising a consultative role via the NAMBR (national association of
municipalities in BG), representation at the CoR, Brussels and the
Congress (Council of Europe).
Sources
Economic and Social Council of Bulgaria
Zakon za ustrojstvo na teritoriata [Law on spatial planning]
98
k.
Central level
The national environmental protection policy is integrated into sectoral policies:
transport, energy, construction, agriculture, tourism, industry, education etc., and
is implemented by the competent executive authorities.
Regional Level
• Ensuring the conduct of the national environmental protection policy;
• Coordinating the work of the executive authorities and the
administrations, and
• Coordinating the activities comprehended in the conduct of the
environmental protection policy among the different municipalities.
Local Level
• Informing the community about the state of the environment;
• Elaborating and controlling plans for elimination of the effects of
accidents and burst pollution within the territory of the municipality
(together with the other authorities);
• Organising waste management within the territory of the municipality;
• Overseeing the construction, maintenance and proper operation of waste
water treatment plants in the urbanised areas;
• Organising and overseeing the cleanness, maintenance, conservation and
expansion of the settlement green structures within the nucleated
settlements and in the country areas;
• The conservation of biological diversity, of the landscape and of the
natural and cultural heritage therein;
• Designating and making public the persons responsible for maintenance
of the cleanness of streets, sidewalks and other areas for public use within
the nucleated settlements, and
• The exploitation of local thermal springs.
Sources
Zakon za Opazvane na okolnata sreda [Environment Protection Act]
Zakon za upravlenie na otpaducite [Law on Waste Management]
99
l.
Energy policy
Central level
•
•
•
•
Energy forecasting and planning;
Formulating energy policy, control and regulation, and
State Energy and Water Regulatory Commission.
Regional level
• Electricity and gas distribution, and
• Carrying out energy efficiency policy.
Local level
• Electricity and gas distribution;
• Investment in local energy-generating facilities and projects, and
• Carrying out energy efficiency policy (municipal buildings, hospitals and
schools).
Sources
Zakon za Energetikata [Bulgarian Energy Act]
100
LRAs
Central level
• The overall legislation (in accordance with the EU law)
• Assistance to farmers through economic, structural and organisational
measures, scientific and information services, consulting, and by
increasing farmers’ qualifications.
Regional level
• The cadastre of the land (incl. competencies to decide upon the restitution
of land) at the oblast level, and
Regional Directorates “Agriculture” are specialised territorial administration of
the Ministry of Agriculture and Food. They are legal entities and subordinate
executors with the budgetary credits.
Local level
• The municipal cadastre and possibility to modify the land 'purpose' (its
general and specific usage);
• Municipal Agriculture Offices are territorial units of the Regional
Directorates “Agriculture” which are responsible for:
Conducting the state policy of agrarian territory;
Recovering ownership of lands and forests, and
Maintaining and updating plans for land division and other
materials and data, obtained by applying the law.
101
b. Fisheries policy
Central level
• The overall legislation (in accordance with the EU law).
Regional level
--Local level
Some Black Sea and Danube towns have recently become first certified and
formally registered fishing ports. Their responsibilities are:
• Hosting fishing boats and processing their catch, and
• Benefiting from EU operational programmes.
Sources
Executive Agency Maritime Administration,
Informational Technologies and Communication.
102
Ministry
of
Transport,
Central level
• Legal capacities (State Agency for the Refugees), and
• Providing conditions for obtaining legal defence of foreigners seeking
protection.
Regional Level
--Local level
• The reception of foreigners.
The territorial division of State Agency in the municipalities involves:
• Transit centres - for registration, accommodation, medical examination
and carrying out summary proceedings for foreigners seeking protection;
• Registration receiving centres - for registration, accommodation, medical
examination, social and medical support and carrying out proceedings
for providing status to the foreigners seeking protection until the
enactment of the decision on the request for protection, and
• Integration centres - for providing Bulgarian language education,
professional qualification and other activities necessary for the integration
of the foreigners seeking or having received protection in the Republic of
Bulgaria.
Sources
Zakon za ubezhishteto i bezhantsite [Law for the Asylum and the Refugees]
103
d. Tourism policy
Central level
• The cooperation in the development of the sector;
• Creating the legal framework in accordance to international norms,
regulations and practices;
• Ensuring financial resources and executes marketing and promotion
campaign;
• Creating conditions for the development of vacation, cultural and historic,
eco, health, spa, sport, rural, conventional and other types of tourism;
• Managing and controlling the quality of the tourism product, and
• Getting involved in international cooperation in the sphere of tourism.
Regional Level
• Organisation of strategies and tourism development programs together
with local tourism unions;
• The coordination of the execution of the programmes and drafting of
strategies and of a plan for regional development, and
• The coordination of the national tourism development strategy with
mayors and municipal representatives.
Local level
• The construction and maintenance of infrastructure serving the tourism
sector inside the municipality, including roads, railway lines, bus stations,
as well as monuments of culture and heritage;
• The maintenance and preservation of green areas;
• The construction of tourism information centres and a tourist information
network, and
• The marketing of tourism landmarks inside the municipality both on
national and international level.
Sources
Zakon za turizma [Law of Tourism]
104
Central level
• Ensuring the overall management of disaster prevention, and
• Drawing up disaster prevention plans.
Regional Level
• Planning of disaster prevention together with the State and Municipalities;
• Organise and direct disaster prevention within the respective regions;
• Organise and control implementation of preventive measures for
excluding or reducing consequences of disasters.
• Tel. 912 phones with coordination centres shared among several regions.
Local level
•
•
•
•
The planning of disaster prevention together with the State and Districts;
The training of the population;
Voluntary formations, and
Emergency assistance.
Sources
Zakon za zashtita pri bedstvia [Disaster Protection Act]
105
4. Cyprus
Cyprus is a unitary presidential republic, which became independent in 1960.
Its Constitution, adopted the same year, recognises the principle of local
autonomy (Articles 173 to 178). The Constitution also includes lengthy
provisions governing the balance of power between the Greek and Turkish
communities in the country.
Cyprus has a single-chamber Parliament, being the House of Representatives
(Vouli ton Antiprosópon). It has eighty seats of which fifty-six seats are
occupied by directly-elected Greek-Cypriots. The remaining twenty-four seats
are nominally reserved for the Turkish-Cypriot community, which withdrew
unilaterally from the constitutional structure after the intercommunal violence of
1963. In addition, one representative is elected by each one of the Maronite,
Armenian and Catholic (Latinoi) religious minorities, although they have no
voting rights. However, the people belonging to the three minorities also vote in
parliamentary elections as members of the Greek-Cypriot community.
The republic is composed of Districts, Municipalities and Communities.
Although there are no regions as such, the national territory has been divided
into six Districts, namely Famagusta, Kerynia, Larnaca, Limassol, Nicosia and
Paphos, for administrative purposes. These form a devolved level of the central
government and will therefore be considered as intermediary level of
government in the following study. One and a section of two other districts are
located in the northern part of the island. The District Officer is the chief
coordinator and liaison officer for the activities of all the ministries in the
district and is accountable to the Ministry of the Interior. He is a senior public
servant and is appointed by the Public Service Commission.
Local self-government, however, is recognised by the Constitution and by
the Law for Municipalities (demos, plural demoi) and Communities
(koinotita, plural koinotites). Both have mainly administrative competences.
All in all, Cyprus has currently six Districts, thirty-nine Municipalities 19 (in
urban and touristic centres) and 478 Communities (in rural areas). 20 Of the
thirty-nine Municipalities in Cyprus, nine are in the northern part of the island
and, since 1974, have been displaced to the areas of the Republic of Cyprus
which are under the effective control of the government.
19
20
According to the government website.
Ibid.
107
These continue to maintain their legal status, although their mayors and councils
have temporarily been displaced to the government-controlled area, as have the
vast majority of their constituents.
According to the Dexia study21, besides allocations from the central State, local
governments in Cyprus have tax revenue from own-source taxes and fees they
collect themselves. This revenue amounted to EUR 140 million in 2010. The
Council of Ministers and the House of Representatives are responsible for the
approval of the municipalities and communities’ budgets.
This study looks at the local authorities in the areas of the Republic of
Cyprus which are under the effective control of the government. Please
refer to Protocol no. 10 appended to the Accession Treaty of the country to
the European Union.
Central level
The central government has national legislative powers in all areas.
Intermediate level: districts
The six districts ensure good coordination between the local and state levels.
District officers are responsible for applying government policy at the district
level and supervise the functioning of the communities.
Local level: municipalities and communities
Out of the thirty-nine municipalities, nine correspond to the pre-1974 local
authorities now located in the area of the Republic of Cyprus which is not under
the effective control of the government. As mentioned before, these continue to
maintain their legal status, although their mayors and councils have been
temporarily displaced to the government-controlled area, as have the vast
majority of their constituents.
Although the Constitution guarantees self-government implicitly, it does not
give any indication on local competences. However, national laws allocate
administrative responsibilities to local governments.
21
A collective work of Dexia Crédit Local Research Department, Sub-national Governments in the European
Union, Organisation responsibilities and finance, Dexia Ed, La Défense, 2008.
108
Municipal and communities responsibilities include (in practice due to limited
resources of communities, certain responsibilities are frequently assumed by
district services):
•
•
•
•
•
•
Public health;
Transport: maintenance of roads within their boundaries;
Street lighting;
Planning: local planning, land development, including building permits;
Public areas, including parks and cemeteries;
Environment, including waste disposal, sewage management and
treatment, as well as water supply and management;
• Economic issues (regulation of trade and business);
• Municipal markets;
• Local tax system.
Normal municipalities and displaced municipalities legally have the exact same
set of competences.
Representation 22 : There are no deliberative representative bodies at the
regional level. However, on a case-by-case approach, Municipalities and
Communities can participate in parliamentary meetings and express their views
and opinions on the issues examined. Consequently, the Union of Cyprus
Municipalities (UCM) and the Union of Cyprus Communities are the main
associations of local authorities in the country. Their core functions are to
contribute to the development of local government autonomy, as well as to
speak for local government interests vis-à-vis the central government.
Information23 and consultation24: During the legislative process, information
is provided to the local and regional authorities by means of being published on
the parliament’s website.
There is no formal consultation procedure defined between the local authorities
and the state. The Ministry of the Interior undertakes consultation processes on
an ad hoc basis and only on some subjects of direct interest for the Union of
Cyprus Municipalities.
However, the Union of Cyprus Municipalities and the Union of Cyprus
Communities participate in the decision-making process concerning Cyprus’
22
Council of European Municipalities and Regions, Consultation procedures within European States, 2007.
From E-mail consultation with different services of national Cyprus ministries.
24
23
109
national positions on EU matters through frequent consultations with the
national ministries on various issues. This is nonetheless not an automatic
procedure.
Coordination25: The local authorities are invited by the Parliament to present
their position on matters of direct interest to them, during the legislative process.
However, on European issues, the Union of Cyprus Municipalities and the
Union of Cyprus Communities participate in the decision-making process
concerning Cyprus’ national positions on EU matters through frequent
consultations with the national ministries on various subjects.26
The six members of the CoR are mayors, municipal councillors or Presidents
of Community Council27.
UCM (Union of Cyprus Municipalities) has a liaison office in Brussels and
supports the Cyprus delegation in the Committee of the Regions.
UCM (Union of Cyprus Municipalities) cooperates with other Brusselsbased regional offices and organisations. It is a member of the Council of
European Municipalities and Regions (CEMR), the Congress of Local and
Regional Authorities of Europe (CLRAE).
25
From E-mail consultation with different services of national Cyprus ministries.
Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’, Committee of the Regions, drafted
by EIPA, 2011. Not published.
27
From the Committee of the Regions website
26
110
4.3 Subsidiarity28
EU draft legislative proposals are examined by the Parliamentary Committee on
European Affairs (PCEA).
The Cyprus House of Representatives cooperate with other national parliaments
within the InterParliamentary EU Information Exchange Platform (IPEX)
framework. Also, the PCEA frequently consults IPEX to obtain information on
subsidiarity checks from legislative chambers of other Member States.
In the absence of an explicitly regional governmental level in Cyprus, there is no
consultation of such a body for examining the subsidiarity principle.
When the PCEA examines EU proposals, any interested parties, including the
local authorities, are invited to participate in the meetings and express their
views and opinions.
4.4 Bibliography
Constitution
Constitution of the Republic of Cyprus, in particular Art. 1.
Legislation
The Communities Law (Law No. 86(1)) of 1999.
The Municipalities Law (Law No. 111) of 1985, in particular Art. 173-178.
28
111
Websites
Asylum Service website
Cyprus Tourism Organisation
Department of Labour
Department of Labour inspection
Department of Labour relations
Department of Social Insurance Services website
Department of Social Welfare Services
District administration offices
Ministry of Health
Ministry of communication and works
Minister of communication and works
Ministry of Labour and Social Insurance
Ministry of Agriculture, Natural Resources and Environment
Ministry of Commerce, Industry and Tourism
Ministry of Commerce, Industry and Tourism, energy service
The Ministry of Labour and Social Insurance, European Social Fund Unit
The planning Bureau
Youth Board of Cyprus
governments in the European Union – Organisation, responsibilities and finance,
Dexia Ed., La Défense, 2008.
Committee of the Regions, Report on ‘Subsidiarity in the multilevel framework
of the Lisbon Treaty’, Committee of the Regions, drafted by EIPA, 2011. Not
published.
Council of European Municipalities and Regions, Consultation procedures
within European States, 2007.
European Election Database, 2011. Parliamentary Elections in Cyprus.
112
the CoR
a. Transport policy
Central level
• The formulation and implementation of transport policy and transport
programmes;
• The overall supervision of inland transport and public works;
• Vehicle registration, the issue and renewal of driving licenses, as well as
circulation fees;
• The provision and regulation of air traffic services in the Nicosia Flight
Information Region and the control towers at Larnaca and Paphos
airports;
• The development and operation of the country’s airports and of air
transport services with third countries;
• Safety and Security Regulation and the implementation of European Law
on air transport;
• The implementation of merchant shipping laws and of the international
maritime conventions to which Cyprus is a contracting party, and
• The administration, construction and management of port infrastructures,
as well as the coordination and the control of port services, including for
the state-owned multipurpose ports of Limassol and Larnaca.
(Responsibility of the Cyprus Ports Authority, which is under the control
of the state).
• The administration and coordination of central government policies in the
field of transport at the district level, and
• Participation in maintenance of roads.
113
Local authorities are, within the limits of their financial and administrative
capacity, responsible for:
Municipalities
• The construction and maintenance of streets and bridges;
• The regulation and control of traffic, and
• The establishment of or participation in companies for the development of
municipal immovable property (work of public utility).
Communities
• The construction and maintenance of streets and bridges in communities
to the extent of their financial means.
Sources
Constitution of the Republic of Cyprus
Minister of communication and works
The Municipalities Law (Law No. 111) of 1985, in particular Art. 84, 86 and 88.
114
Central level
• The promotion and implementation of policy in the fields of employment
and training of human resources, and
• Safety and health at work.
Intermediary level: districts
field of employment at the district level.
--Sources
Department of Labour
Department of Labour inspection
Department of Labour relations
The Municipalities Law (Law No. 111) of 1985.
115
c. Social policy
Central level
• Overall legislative and policy competences in the field of social policy,
including continuous study and evaluation;
• Implementing specific social insurance schemes and measures;
• Safeguarding an individual’s right to a decent standard of living;
• Supporting families and individuals who are facing social problems;
• Providing protection and care to children and other vulnerable groups of
people;
• Raising awareness among non-governmental organisations and local
authorities about providing quality social services at the local level;
• The formulation, coordination, implementation and monitoring of policies
for persons with disabilities;
• The payment of pensions to individuals residing in Cyprus, and who do
not have the right to a pension or other similar payments from any other
source;
• Administrating the termination of employment;
• Establishing a fund to cover the cost of protecting employees in the event
of insolvency of their employer, and
• Implementing the principle of equal treatment for men and women in
occupational social security schemes.
social field at the district level.
116
Municipalities
• Granting gratuities or pensions to employees and workers of the
municipalities, as well as their widows and children and establishing a
pension fund;
• Contributing to the provision of funds;
• The establishment, maintenance and operation of any resting places,
charitable or philanthropic stations, schemes and institutions, and
• The provision of social, sanitary, paramedical, medical services and
emergency services to needy or disabled persons.
Communities have no competence in this field.
Sources
Constitution of the Republic of Cyprus,
Department of Social Insurance Services website
Department of Social Welfare Services
The Municipalities Law (Law No. 111) of 1985, in particular Art. 85 (n), 85 (o).
117
d. Education policy
Central level
• Overall legislative and policy competences in the field of education;
• The administration of education;
• Enforcing educational laws and providing educational facilities to pupils
and students of the primary, secondary, higher and tertiary education
levels;
• The supervision and standardisation of services provided by the private
sector up to higher education.
field of education at the district level.
--Sources
Government web Portal
118
Central level
• Overall legislative and policy competences in the field of vocational
training;
• Providing vocational training to public assistance beneficiaries in order to
enter/re-enter the labour market, thus achieving social inclusion;
• Administrating the Apprenticeship Scheme (joint programme of the
Ministry of Labour and Social Insurance and the Ministry of Education
and Culture), and
• Providing and administrating training programmes for the unemployed,
especially the long-term unemployed and newcomers to the labour market.
Intermediary level: districts
field of vocational training at the district level.
--Sources
The Municipalities Law (Law No. 111) of 1985
The Communities Law (Law No. 86(1)) of 1999
119
f.
Youth and Sport Policy
Central level
Youth
• Evaluating youth policy;
• Programmes and support services for the youth;
• Advising the State on youth issues;
• Creating leisure activities and infrastructure projects;
• International relations with foreign youth organisations;
• Volunteering;
• Youth information;
• Prevention – addictive substances, and
• Youth-related campaigns.
The Youth Board of Cyprus, which is a semi-governmental organisation29, is the
body in charge of the above-mentioned duties. The Minister of Justice and
Public Order acts as the liaison between the Youth Board of Cyprus and the
Council of Ministers. The Board's budget is covered by State subsidy.
Sport
• Developing and supervising out-of-school sports;
• Financing the construction and maintenance of sports stadiums and
facilities;
• Providing technical assistance to clubs and supporting Cyprus'
participation in international meetings;
• Financially assisting federations and clubs in the promotion of their
athletic programmes, as well as in the creation, maintenance and
running of the basic athletic infrastructure and for the repayment of
financial obligations to the Cyprus Sports Organisation, and
• Running modern sports centres, Olympic standard swimming pools
and multi-purpose indoor and/or outdoor halls and/or stadiums.
29
The Semi-Governmental Organisations are autonomous public bodies. Their operations are conditioned by
laws and are found under the supervision of ministries of the executive power. These are common utility
organisations which provide essential services and are fully controlled by the State. These “Semi-Governmental
Organisations” - an unofficial term used to designate public bodies – are governed by public law and do not have
any share capital. The members of their governing bodies are, with rare exceptions, appointed by the Council of
Ministers.
120
The Cyprus Sports Organisation (CSO), which is a semi-governmental
organisation, is responsible for the above-mentioned duties.
fields of youth and sports at the district level.
Municipalities
• The provision, establishment, lay out, improvement, maintaining and
regulation of football grounds, swimming pools, recreation centres and
youth centres.
Sources
The Municipalities Law (Law No. 111) of 1985, in particular Art. 85 (2) (g) (j).
Youth Board of Cyprus
121
g. Culture policy
Central level
The central government, in particular the Cultural Services of the Ministry of
Education and Culture, is responsible for:
• Formulating and implementing the government’s cultural policy;
• The financing and publication of editions, books, literary works and
catalogues on Cyprus;
• The promotion and organisation of exhibitions, festivals, dance and
theatre performances, and
• Providing financial funding to organisations, clubs and cultural
associations.
field of culture at the district level.
Both the municipalities and the communities are responsible for projecting and
promoting, according to their financial capabilities, all aspects of culture.
Responsibilities include:
•
•
Regulating and controlling the operation of any theatres or building or
places where public entertainment is performed, and
Granting licenses for the use of such places.
Most municipalities have extensive involvement in cultural activities, including
the promotion and organisation of exhibitions, festivals, dance and theatre
performances, promotion and financing of local museums and financing of
publications.
122
Sources
The Municipalities Law (Law No. 111) of 1985, in particular Art. 85.
123
Central level
The Ministry of Health is responsible for:
•
•
•
•
The formulation of overall public health policy and legislation;
Coordinating public and private provision of medical services;
Improving the effectiveness and efficiency of public health services;
The prevention of illnesses in line with the principles stipulated by the
World Health Organisation (WHO), and
• The provision of services and programmes for health promotion.
• The administration and coordination of central government policies at the
district level in the field of public health.
Municipalities
• Controlling the hygiene conditions of foodstuffs and liquids intended for
human consumption, and
• The construction, maintenance and operation of public baths, lavatories
and other sanitary installations.
Sources
Ministry of Health
The Municipalities Law (Law No. 111) of 1985, in particular Art. 85 (i), (l).
124
i.
Central level
The Ministry of Communications and Works is responsible for: The formulation
and implementation of the government’s development programme in the sectors
of communications, transport, public works and antiquities and of TransEuropean Network.
field of construction and maintenance of roads at the district level.
--Sources
Ministry of communication and works
The Municipalities Law (Law No. 111) of 1985, in particular Art. 84 (a), (e).
125
j.
Central level
• The formulation and implementation of the government's fiscal and
economic policies.
Specifically, the Planning Bureau30 is in charge of:
• The implementation, correctness and effectiveness of managing the
European Territorial Cooperation Programme;
• The concentration of statistical and financial data, and
• Preparing the Annual Implementation Report and organising the mid-term
evaluation.
• Drafting of overall policy and legislation in the field of social policy,
including continuous study and evaluation;
• The implementation, correctness (monitoring of the physical and financial
progress of the projects and the exercise of control) and effectiveness of
managing the European Territorial Cooperation Programme;
• The concentration of statistical and financial data;
• The selection of projects;
• Preparation of the Annual Implementation Report and organisation of the
mid-term evaluation;
• The safeguarding of compatibility and conformity with national and
Community policies that concern competition, public procurement,
environment, gender equality, employment, and publicity and
information, and
• The implementation of specific social insurance schemes and measures.
The European Social Fund Unit of the Ministry of Labour and Social Insurance
is the managing authority for the European Social Fund.
30
The Planning Bureau is the Cypriot National Coordinator for the European Territorial Cooperation
Programme, which is implemented through the EU Structural Funds, in particular through the European
Regional Development Fund (ERDF).
126
Spatial planning
Under the control of the town planning and housing department (Ministry of
Interior):
• The formulation and implementation of urban development, town
planning and housing policies;
• Planning, control and enforcement, except in the 4 municipalities of
Nicosia, Limassol, Larnaca and Paphoa which are delegated planning
authorities.
• The administration and coordination of central government policies at the
district level.
Municipalities
• Contributing to the provision of funds;
• The establishment, maintenance and operation of any resting places,
charitable or philanthropic stations, schemes and institutions, and
• The provision of social, sanitary, paramedical, medical services and
emergency services to needy or disabled persons.
Spatial planning
• Acting as town planning authority and applying national town planning
provisions.
127
Sources
The Ministry of Labour and Social Insurance, European Social Fund Unit
The Municipalities Law (Law No. 111) of 1985, in particular Art. 84 (a) and
Art. 85 (n), 85 (o).
The planning bureau website
128
k. Environment and the fight against climate change
Central level
• The formulation and implementation of overall policy and legislation in
the field of environment and the fight against climate change;
• Ecolabel;
• Genetically Modified Organisms;
• Noise;
• Ozone depleting substances;
• Waste, and
• Pollution.
field of environment at the district level.
Municipalities
• The maintenance and operation of water supply systems, and
• The construction and maintenance of drain systems and the operation of
sewer systems.
Sources
The Municipalities Law (Law No. 111) of 1985, in particular Art. 84 (b), (c).
129
l.
Energy
Central level
The Energy Service of the Ministry of Commerce, Industry and Tourism has the
overall responsibility of Energy in Cyprus and specifically for:
• Monitoring and coordinating the supply and availability of sufficient
energy capacity for domestic needs;
• Monitoring and participating in the formation of European policy for
energy issues;
• Suggesting ways for the implementation of the European Acquis, assisting
in the preparation of laws, regulations and rules etc. and implementing
programmes for their promotion;
• Preparing and implementing programmes for energy conservation, the
promotion of renewable energy sources (RES) and the developing of
technologies for the utilisation of RES;
• Assisting the government in the formation of the national energy policy
for Cyprus in coordination with all other bodies involved.
field of energy at the district level.
--Sources
Ministry of Commerce, Industry and Tourism, energy service
130
LRAs
a. Agriculture
Central level
•
•
•
•
Formulating overall policy and legislation in the field of agriculture;
Implementing agricultural policy;
Extending the agricultural scientific knowledge;
The provision of information, guidance and training to farmers and the
rural population to stay abreast of the current needs and developments;
• The operation of schemes, programmes and other policy measures related
to agricultural and rural development, regulation and adjustment of
production and disposal of agricultural products, and supporting
producers’ incomes.
• The implementation and enforcement of phytosanitary and livestock
legislation, and
• Help and guidance to conserve and protect agricultural and natural
resources.
The six District Agricultural Offices, namely Lefkosia, Larnaka, Ammochostos,
Lemesos, Pafos and Pitsilia, are responsible for:
• Implementing agricultural policy;
• Promoting new improvements in the agricultural sector, including training
and guidance of the rural population, and
• Promoting development projects and schemes.
131
Communities and rural municipalities:
The six districts are divided into agricultural ‘’beats’’ (small areas), which
consist of a varying number of rural communities, depending on the size of the
communities, the number of farmers, the intensity of the farming operations, etc.
Sources
The Municipalities Law (Law No. 111) of 1985, in particular Art. 84 (b), (c).
132
b. Fisheries
Central level
• The formulation and enforcement of overall fisheries policy and
legislation;
• Sustainable use of marine resources,
• The development and sound management of fisheries and aquaculture;
• Marine ecology, the protection of endangered species and habitats;
• Preventing and combating marine pollution;
• Promoting supporting programmes to the fishermen including, inter alia,
the construction of fishing shelters, and
• Participating in a variety of European Union research programmes, as
well as cooperating with other international research institutes.
The Department of Fisheries and Marine Research has its headquarters in
Nicosia and has three District Units located in the coastal towns of Paphos,
Limassol, Larnaca and two sub-units at Paralimni and Latsi.
Two research stations, situated at Meneou and Kalopanayiotis, specialise in
research and development of, respectively, marine and freshwater aquaculture.
--Sources
The Communities Law (Law No. 86(1)) of 1999
The Municipalities Law (Law No. 111) of 1985, in particular Art. 84 (b), (c)
133
Central level
The central government is responsible for the formulation and implementation
of migration and asylum policies and legislation.
Specifically, it is in charge of:
Immigration
• The formulation and implementation of migration, repatriation and
integration policy and legislation;
• Administrating the European Integration Fund and Returns’ Fund;
• Citizenship rules, and
• The management of repatriation schemes.
Asylum
•
•
•
•
•
Administrating the European Refugee Fund,
Receiving application forms;
Interviews;
Case Examination, and
Processing statistical data.
field of immigration and asylum at the district level, and
• Migration administration tasks, including citizenship applications.
• Provide and administrate training and inclusive programmes for third
country nationals.
134
Sources
Asylum Service website
District administration offices
135
d. Tourism
Central level
• Formulating and implementing overall policy and legislation in the field
of tourism;
• Promoting and coordinating development of the marinas (a unit is
dedicated to nautical tourism within the Ministry of Commerce, Industry
and Tourism);
The Cyprus Tourism Organisation is the semi-governmental 31 managing
operational structure and has its head office based in Lefkosia (Nicosia).
The regional offices of the Cyprus Tourism Organisation are situated in the
following cities and areas across the island:
•
•
•
•
•
•
•
•
•
•
•
•
•
Lefkosia (Nicosia),
Lemesos (Limassol),
Larnaka (Larnaca),
Agia Napa,
Protaras,
Pafos (Paphos),
Kato Pafos (Kato Paphos),
Larnaka Airport (Larnaca Airport),
Pafos Airport (Paphos Airport),
Lemesos Port (Limassol Port),
Germasogeia,
Platres
Polis Chrysochous.
Moreover, there are six inspectors’ offices operating in Lefkosia, Lemesos,
Larnaka, Pafos, Agia Napa and Polis Chrysochous.
31
The Semi-Governmental Organisations are autonomous public bodies. Their operations are conditioned by
laws and are found under the supervision of ministries of the executive power. These are common utility
organisations which provide essential services and are fully controlled by the State. These “Semi-Governmental
Organisations” - an unofficial term used to designate public bodies – are governed by public law and do not have
any share capital. The members of their governing bodies are, with rare exceptions, appointed by the Council of
Ministers.
136
Local authorities, both municipalities and communities, are responsible for
promoting the towns as tourist destinations.
Larger municipalities employ full time tourist officers and, in some areas,
several municipalities and communities unite in common tourist associations to
promote their area or district.
Sources
Cyprus Tourism Organisation
Ministry of Commerce, Industry and Tourism
137
e. Civil protection
Central level
The central government, in particular the Ministry of Interior, is responsible for:
Formulation and implementation of the government’s policy in relation to civil
defence;
•
•
•
Supervision and control of the Civil Defence System;
Coordination of the services and organisations of civil defence, and
Participation in the European Union’s Civil Protection Mechanism.
The civil defence tasks are managed by the Civil Defence Forces, which are first
aid, telecommunications, welfare and fire fighting, rescue and neighbourhood
watch sections.
--Local level: municipalities and communities
Local authorities are responsible for contingency planning, including civil
defence, in order to cope with the effects of an emergency situation.
The Civil Defence Force is organised in civil defence units in almost all urban
areas and all villages. Most of the units are manned by conscripts and
volunteers.
Sources
138
5. Czech Republic
The Czech Republic is a parliamentary representative democracy which is one
of the successor States of Czechoslovakia, following its peaceful dissolution in
1993. Its parliament is bicameral and comprises an upper house, the Senate, and
a lower house, the Chamber of Deputies. The Head of State is the President of
the Republic and the government is led by the prime minister.
The Czech Republic is a unitary State which comprises three levels of
governance: central, regional and municipal. The decentralisation process started
in 1990, immediately after the fall of communism, with the adoption of the
Municipal Act 367/1990. It was furthered in 2000 with the establishment of a
new tier at the regional level. The District – deconcentrated authority – was
eliminated in 2002 and its competences were redistributed to the other levels of
governance.
The Czech Republic is composed of 14 regions (kraje) including the City of
Prague which has the status of both a region and a municipality, and 6 249
municipalities (obec).
The Constitution provides for regional and local self-government32. Local and
regional authorities (LRAs) have both independent and delegated competences.
They do not hold legislative powers. Moreover, there is no hierarchy between
regions and municipalities.
Besides the Constitution, various laws set out the distribution of powers between
the different levels of governance:
- The Act No. 128/2000 on Municipalities,
- The Act No. 131/2000 on Capital City Prague, and
- The Act No. 129/2000 on Regions.
Sub-national governments get their revenues from taxation (own resource),
grants and other sources, mainly fees resulting from the provision of services.
Sub-national expenditure represents 11.8% of GDP and 27.0% of total public
expenditure. The revenue of municipalities can be broken down as follows:
9.5% from autonomous taxation, 46.9% from shared taxation, 27.7% from
grants and 15.9% from other sources. The revenue of regions can be broken
down as follows: 0.2% from autonomous taxation, 34.7% from shared taxation,
62.3% from grants and 2.8% from other sources.33
32
33
Article 8 and Chapter VII
139
National level
State responsibilities
The central government has national legislative responsibilities in all areas.
Regional level34
Regional responsibilities
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Education (secondary education and funding);
Transport (road network, regional public transport);
Social services;
Environment (protection of fauna and flora);
Regional economic development;
Planning (approval of planning and zoning documents at the regional
level);
Health care, including drug prevention;
Youth (funding);
Sport (funding);
Fire safety;
Cohesion (regional boards on cohesion);
Tourism (development plans in the field of tourism, implementation and
monitoring of their performance);
Prevention of criminality;
Inter-regional and international cooperation with foreign territorial
authorities;
Other matters of regional interest, and
Other matters delegated by the State.
Union – Organisation, responsibilities and finance, Dexia Ed., La Défense, 2008, pp. 236-238.
34
Act No. 129/2000 on Regions (Establishment of Regions)
140
Provincial level35
Local responsibilities
• Local development;
• Environment (water management and treatment, urban heating, waste
processing, environmental protection);
• Health services;
• Social welfare (social assistance and youth policy);
• Transport (public transport, management of local roads);
• Local planning (management and maintenance of open spaces,
cemeteries);
• Sport;
• Culture;
• Fire-fighting and prevention;
• Municipal police;
• Primary education, and
• Housing.
Representation: The Union of Czech Towns and Municipalities and the
Association of Regions in the Czech Republic represent local and regional
governments respectively vis-à-vis the central authorities.
Information and consultation: During the legislative process, information is
provided to LRAs to the extent that information is published on the parliament
website.
The central government must consult the Union of Czech Towns and
Municipalities on measures which directly affect municipalities. Moreover, an
agreement on mutual cooperation was signed in 2005 between the central
government and the Union of Czech Towns and Municipalities whereby the
Union is regularly consulted by government representatives.36
35
Act No. 128/2000 Coll. of 12.04.2000 on Municipalities
Council of European Municipalities and Regions, Study on ‘Consultation procedures within European
States’, 2007, pp.45-49.
36
141
Coordination:
Vertical coordination: The Union of Czech Towns and Municipalities and the
Association of Regions in the Czech Republic constitute platforms for exchange
among their members.
Moreover, LRAs may cooperate on the basis of a contract to perform certain
specific tasks pursuant to the Act No 128/2000 on Municipalities. In the same
way, regions may cooperate to exercise their competences pursuant to the Act
No 1289/2000 on Regions.
Horizontal coordination: The Ministry of the Interior exercises administrative
supervisory control over the local and regional authorities and ensures that their
acts are adopted within the confines of the applicable law.
5.2 Relations with the EU/ Representation at EU level
The Czech CoR delegation comprises seven members from regions and five
members from municipalities.
Thirteen regions (Central Bohemia Region, Moravia-Silesia Region, Olomouc
Region, Pilsen Region, South Bohemia Region, Ústí Region, Zlín Region,
Karlovy Vary Region, Liberec Region, Pardubice Region, South Moravian
Region, Hradec Králové Region,Vysočina Region) and the City of Prague have
liaison offices in Brussels.
The Union of Czech Towns and Municipalities cooperates with two European
territorial associations: the Congress of Regional and Local Authorities of the
Council of Europe (CLRAE) and the Council of European Municipalities and
Regions (CEMR). The Association of Regions in the Czech Republic is
similarly a member of CLRAE.
Two regions (Hradec Králové and Olomouc) are members of the Assembly of
European Regions (AER).
142
5.3 Subsidiarity
Both the Senate and the Chamber of Deputies established a mechanism of
subsidiarity scrutiny within the framework of the Early Warning System (EWS).
Nevertheless, the chambers do not formally consult local and regional
authorities with regard to subsidiarity.37
Although local and regional authorities are not formally consulted with regard to
subsidiarity scrutiny, regional representatives can express their opinions
concerning EU legislative proposals during the debates which take place at the
parliamentary committee level.38
5.4 Bibliography
Legislation
Act No. 129/2000 on Regions (Establishment of Regions)
Constitutional Act No. 1/1993 Coll. of the Czech National Council of 16th
December 1992 with later amendments, Art. 8 and Chapter VII.
Websites
Union of Towns and Municipalities of the Czech Republic
Association of Regions of the Czech Republic.
finance, Dexia Ed., La Défense, 2008, pp. 236-238.
procedures within European States’, 2007, pp.45-49.
37
by EIPA, 2011. Not published yet.
38
Ibid.
143
Council of European Municipalities and Regions, The CEMR/Members/Czech
Republic
Committee of the Regions, European Commission – DG Regional Policy,
Regional offices contact directory, European Week of Regions and Cities,
Brussels, 6 – 9 October 2008
Committee of the Regions, drafted by EIPA, 2011. Not yet published.
144
the CoR
a. Transport policy
National Level
The Ministry of Transport is responsible for overall national transport
legislation.
Regional Level
• Road networks;
• Regional public transport, and
• Stipulating the scope of basic transport services in the region.
Local Level
• Public transport;
• The management of local roads, and
• The installation, expansion and improvement of main networks and public
passenger transport systems to provide transport services in the area.
Sources
Ministry of Transport
Act No. 129/2000 on Regions
145
National Level39
The Ministry of Labour and Social Affairs is responsible for:
•
•
•
•
•
Overall employment legislation;
Drawing up of national policies and programmes;
Monitoring and evaluating the market situation;
Management of the labour offices;
Implementing measures to promote and achieve equal treatment between
men and women;
• International relations and international cooperation in the field of
employment;
• Unemployment benefits, and
• The National Labour Office.
Regional Level40
The regional branches of labour offices and the City of Prague office, as well as
regional labour inspectorates are responsible for the implementation and
supervision of employment policy.
Local Level
--Sources
Ministry of Labour and Social Affairs; Labour Code No 262/2006 Coll; Uplne
zneni zakona c. 435/2004 Sb., o zamestnanosti, jak vyplyva z pozdejsich
zmen [Act on Employment No 435/2004 of 1 October 2004 with later
amendments]
Ministry of Labour and Social Affairs, Employment
39
Labour Code No 262/2006 Coll, with later amendments (last consultation 17.04.2012); Úplné znění zákona č.
435/2004 Sb., o zaměstnanosti, jak vyplývá z pozdějších změn [Act on Employment No 435/2004 of 1 October
2004 with later amendments].
40
Ministry of Labour and Social Affairs, Employment.
146
c. Social policy
National Level
The Ministry of Labour and Social Affairs is responsible for overall legislation.
Regional Level
• The provision of social services, and
• Regional social security authorities.
Local Level
• Social development within their territory;
• Social assistance, and
• Local social security offices.
Sources
Ministry of Labour and Social Affairs
147
d. Education policy
National Level
The Ministry of Education, Youth and Sport is responsible for overall
legislation.
Regional Level41
• Secondary schools;
• Tertiary professional schools;
• Nursery, basic and secondary schools and school facilities for disabled
children and pupils;
• Special educational needs schools;
• Schools connected to health care facilities;
• School educational and boarding facilities and school canteens for
children, pupils, and students of schools established by the region;
• Secondary schools teaching in the language of a national minority;
• Language schools authorised to organise state language examinations;
• Basic artistic schools, and
• School facilities for developing personal interests.
Local Level
•
•
•
•
•
•
Basic Schools;
Nursery Schools;
Artistic basic schools;
School facilities for developing personal interests;
School facilities for special purposes, and
School transport.
Sources
Ministry of Education, Youth and Sports
41
Act No. 561 of 24th September 2004 on Pre-school, Basic, Secondary, Tertiary Professional and Other
Education (the Education Act)
148
National Level42
The National Institution of Technical and Vocational Education (NUOV), which
is run by the Ministry of Education, Youth and Sport, is responsible for
providing comprehensive support for the development of technical education,
with lifelong learning and the EU membership of the Czech Republic as the
leading basis.
Regional Level
--Local Level
---
Sources
EQAVET portal, Description of the VET System in Czech Republic
42
EQAVET portal, Description of the VET System in Czech Republic
149
f.
National Level
The Ministry of Education, Youth and Sport is responsible for overall national
legislation.
Regional Level
• Providing subsidies from special funds for youth, sport and physical
education, and
• The granting of subsidies to youth, sport and physical education.
Local Level
Local authorities are responsible for implementing youth policy.
Sources
Ministry of Education, Youth and Sports
150
g. Culture policy
National Level43
The Ministry of Culture is responsible for the overall national legislation.
Regional Level
• Supporting the development of culture, and
• The establishment of regional libraries, museums and galleries, regional
theatres, orchestras and institutes of archaeological preservation.
Local Level
• Establishing cultural institutions, especially municipal and local libraries,
municipal galleries and municipal and local museums, theatres, orchestras
and other specialised cultural institutions;
• Local cultural policy, mainly for large towns, and
• Announcing specialised tenders for the support of cultural projects.
43
Council of Europe/ERICarts, Compendium Cultural Policies and Trends in Europe, Country profile - Czech
Republic
151
National Level
The Ministry of Health is responsible for:
• Health care;
• Public health protection, health research activities and directly controlled
health facilities;
• Handling addictive drugs, pharmaceutical preparations and medicinal
products, precursors and additives;
• The search for, protection and use of natural medicinal sources, natural
spas and mineral water resources, medicinal products and technical
equipment for prevention, diagnostics and treating people;
• Health insurance and health information systems, and
• The use of biocide preparations and introduction of biocide preparations
and agents to the market.
Regional Level
• The establishment and management of hospitals;
• Nursing homes, and
• Facilities for physically and mentally disabled adults and children.
Provincial Level
• Health services, through both municipal hospitals and private doctors.
Sources
Ministry of Health of Czech Republic
152
i.
National Level
The government is responsible for overall national legislation (in accordance
with the EU law).
Regional Level
--Local Level
--Sources
153
j.
National Level
The Government is responsible for overall national legislation, in accordance
with the principles and rules of economic, social and territorial cohesion policy
and international obligations.
Regional Level
• Developing economic activities with the objective of improvement of
economic structure and creation of new jobs or ensuring stability of
endangered jobs, and
• Improving the infrastructure of the territory, including conditions for
transportation services.
Local Level
--Sources
Act No. 248/2000 Coll. of 29.06.2000 on Support to Regional Development
154
k.
National Level
The Ministry of Environment is responsible for overall national legislation.
Regional Level
• The protection of animals, and
• Environmental protection.
Local Level
• Arranging the maintenance of cleanliness on the streets and in other
public spaces;
• Environmental protection;
• Vegetation in built-up areas and other vegetation in public places;
• Water management and treatment;
• Urban heating, and
• Waste processing.
Sources
Ministry of the Environment of the Czech Republic
155
l.
Energy policy
National Level44
The Government is responsible for:
• Developing the national energy policy;
• Issuing state approval to build new source facilities in the electricity and
heat sectors, and
• Ensuring the fulfilment of obligations arising from the international
agreements and treaties binding on the Czech Republic or obligations
arising from membership in international organisations.
Regional Level
Regional authorities are responsible for gas and electricity distribution.
Local Level
Local authorities are responsible for gas and electricity distribution.
Sources
Ministry of Industry and Trade
Act on Business Conditions and Public Administration in the Energy Sectors
(The Energy Act)
44
Act on Business Conditions and Public Administration in the Energy Sectors (The Energy Act),
156
LRAs
National Level
The Ministry of Agriculture is responsible for:
• Agriculture, except the preservation of agricultural land fund;
• Water management, except preservation of natural water accumulation,
preservation of water sources and preservation of water quality, and
• The food industry.
Regional Level
--Local Level
---
157
b. Fisheries policy
National Level
The Ministry of Agriculture is responsible for the fisheries policy, except for the
areas of national parks (Ministry of Environment) and the military domains
(Ministry of Defence).
Regional Level
--Local Level
• Appointing, dismissing or cancelling fishing inspections and keeping a
register of all fishing inspections, and
• Issuing and removing fishing licenses.
Sources
Act No. 99/2004 Coll., on Fishpond Cultivation, Fishery, Fishing Inspections
and Protection of Sea Fishing Sources (Act on Fishery)
158
National Level45 46
The Ministry of the Interior is responsible for:
• Facilitating the granting of international protection and the withdrawal of
asylum or subsidiary protection, and
• Determining which Member State of the European Union is competent to
examine an application for granting international protection, unless this
falls within the competence of the Czech Republic.
Regional Level
--Local Level
---
45
Act No. 326/1999 Coll., on the Residence of Foreign Nationals in the Territory of the Czech Republic
325/1999 Coll. ACT of 11 November 1999 on Asylum and Amendment to Act No. 283/1991 Coll., on the
Police of the Czech Republic, as amended (the Asylum Act)
46
159
d. Tourism policy
National Level
The Ministry of Regional Development acts as a methodical and coordination
body for all entities operating in the area of tourism.
Regional Level
• Approving development plans in the area of tourism on the territory of the
region, and
• Arranging for the implementation of the development plans and
monitoring their performance.
Local Level
---
160
National Level47
The Fire Rescue Service (FRS), which is one of the basic bodies of the
Integrated Rescue System of the country, is responsible for:
• The protection of life, health and property of citizens against fire, and
• Providing effective help in emergencies.
The Population Protection Institute, which is subordinate to the Ministry of the
Interior, is responsible for:
• Providing information, expertise, consultant and advisory support for
authorities and organisations of FRS in the country, ministries, bodies of
state administration and self-administration, legal and selected physical
persons, whose activities are important for securing population protection
tasks.
Regional Level
• Coordinating rescue work and providing medical assistance;
• Coordinating emergency housing, and
• The evacuation of the population.
The Regional Office ensures that the region is prepared in the event of a crisis
situation.
Local Level
• Overseeing preparations for crisis situations;
• Ensuring the implementation of emergency measures, and
• Ensuring that people located in the municipality are warned and kept
informed during crisis situations.
47
ZÁKON ze dne 28. cervna 2000 o krizovém rízení a o zmene nekterých zákonu (krizový zákon) (Law on Crisis
Management No. 240/2000 with later amendments)
161
6. Denmark
Denmark is a constitutional monarchy and a parliamentary democracy
under the 1953 Constitution. The Parliament (Folketing) is unicameral. The
Head of State is the Monarch and the Government is led by a Prime Minister.
The country is a unitary State organised on a decentralised basis. It has
three levels of governance: central, regional and municipal. Prior to 2007, the
Danish territorial organisation consisted of the State, the Counties and the
Municipalities. A major reform, the so-called ‘Structural Reform’, was agreed in
2004 and resulted in the dissolution of the Counties, the creation of five Regions
and the reduction of the Municipalities from 271 to 98 in 2007. It also modified
the division of powers among the different levels of governance.
Denmark comprises five Regions (regioner) and ninety-eight Municipalities
(kommuner). Besides, Denmark has two special autonomous Regions: the
Faroe Islands and Greenland. Greenland and the Faroe Islands are not
members of the European Union (EU). Greenland is recognised as having the
Overseas Countries and Territories status at the EU level. In addition to the
overseas agreement, Greenland has a number of agreements with the EU such as
the Fisheries Agreement.
Local self-government is enshrined in the Constitution (section 82), albeit
there is no indication of how it should be organised. Local and regional
authorities are responsible for matters of their interest which are not expressly
conferred to the State. The Regions and the Municipalities do not hold
legislative powers and must act within the confines of the applicable law. There
is no hierarchy between the Regions and the Municipalities. Supervision over
the local and regional authorities is performed by regional state administrations.
Moreover, the Ombudsman is in charge of the supervision over the whole public
administration.
Greenland and the Faroe Islands have legislative powers. They hold
competence in all matters except foreign and security policy, monetary systems,
police and justice, and constitutional matters, which are regulated as a part of
Denmark. Furthermore, there is an extensive educational cooperation between
Denmark and Greenland and Faroe Island, as they do not have any institutions
of higher education. Greenland and the Faroe Island are represented in the
Danish Parliament.
163
Besides the Constitution, the Local Government Act and the Structural Reform
give an indication of the distribution of powers across the different levels of
governance.
In 2010, sub-national expenditure represented 71% of the total public
expenditure: 49% for the Municipalities and 22% for the Regions, reflecting a
high level of decentralisation. The Municipalities’ revenue was composed of
53% of income taxation, 15% of block grants, 13% of reimbursements, 8% of
user payments, 6% of land and property tax and 5% of others48.
The Regions are not entitled to levy taxes; they are financed by way of State and
municipal contributions. 49
National level
The central government has general legislative powers in the following areas of
national sovereignty: police, defence, administration of justice, foreign affairs
and development aid.
Moreover, it is responsible for:
•
•
•
•
•
•
Higher education, secondary education, vocational training and research;
Sick pay, child benefits and elderly pensions;
Unemployment insurance and labour inspection;
Certain cultural activities;
Trade and industry subsidies;
Citizen service regarding taxation and collection in cooperation with
State tax centres;
• Food control, and
• Administration at national level, over and above administrative
responsibilities exercised at regional and local level.
48
Local Government Denmark, PowerPoint presentation on ‘Welcome to Local Government Denmark’, Seminar
21 March 2012.
49
164
Regional level
Responsibilities of the Regions
Regions have responsibilities in the areas of:
•
•
•
•
•
•
•
•
•
•
Public health;
Regional development;
Environment;
Tourism;
Education;
Culture;
Planning
Certain social services;
Special education, and
Transport.
Local level
Responsibilities of the Municipalities
Municipalities are responsible for:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Specialised social services;
Employment policies (local job centres);
Social welfare (social services);
Child care;
Education;
Care for the elderly;
Healthcare;
Integration and language education for immigrants;
Civil protection;
Environment;
Planning;
Tourism;
Transports;
Culture, and
Sports.
165
Representation: Municipalities and Regions are represented before the central
authorities by the associations Local Government Denmark (Kommunernes
Landsforening – KL) and Danish Regions (Danske Regioner) respectively.
LRAs to the extent that information is published on the Parliament’s website.
Consultation: Although there is no formal framework regulating consultation
procedures, in accordance with the Parliament Rules of Procedures, the
Parliament must consult all the relevant partners prior to the presentation of a
bill. KL and Danish Regions as well as individual local and regional authorities
are thus consulted. 50
Coordination: The associations of local and regional authorities cooperate with
the ministries on the improvement of the public administration system.
Furthermore, they coordinate with regard to the national economic policy and
their financial needs. The central Government and the associations of local and
regional authorities conclude an agreement – not legally binding – every year on
the central grants and local taxation.51
The Danish CoR delegation comprises three members from the Regions and
six members from the Municipalities.
KL and Danish Regions have their own liaison offices in Brussels. Moreover,
the Regions of Central Denmark, North Denmark, South Denmark, the Capital
Region of Denmark, Zealand and Greenland have liaison offices in Brussels. 52
Local and regional authorities cooperate with various EU territorial
associations via their national associations. Danish Regions are a member of
the Baltic Sea States Interregional Cooperation (BSSSC), the Council of
European Municipalities and Regions (CEMR) and the Congress of Local and
Regional authorities of Europe (CLRAE). The Local Government of Denmark,
50
States’, 2007, pp.45-49.
51
Congress of local and regional authorities of Europe, Local and regional democracy in Denmark - CG (12) 8
Part II, 2005.
52
Committee of the Regions, European Commission – DG Regional Policy, Regional offices contact directory,
European Week of Regions and Cities Brussels, 6-9 October 2008.
166
Kommunernes Landsforenging (KL), is a member of the United Cities and Local
Government (UCLG), CEMR and of CLRAE.
In addition, two Regions (North Denmark and South Denmark) are members of
the Assembly of European Regions (AER).
6.3 Subsidiarity
The Parliament (Folketing) established a mechanism of subsidiarity scrutiny
within the framework of the Early Warning System. Nevertheless, it does not
formally consult the local and regional authorities.
Although the Regions and Municipalities are not formally consulted, they
participate informally in the subsidiarity scrutiny through the regular channels of
cooperation between the ministries and the local and regional authorities.53
6.4 Bibliography
Legislation
Constitution of Denmark.
Websites
Danish Regions portal, In English/Regional Denmark/Regional tasks in
Denmark
Local Government Denmark portal
The Ministry of the Interior and Health, Department of Economics, The Local
Government Reform in brief, December 2005
53
167
Regional offices contact directory, European Week of Regions and Cities
Brussels, 6- 9 October 2008.
Congress of local and regional authorities of Europe, Local and regional
democracy in Denmark - CG (12) 8 Part II, 2005.
procedures within European States’, 2007, pp.45-49.
Committee of the Regions, drafted by EIPA, 2011. Not published.
168
the CoR
a. Transport policy
National level
• General road network;
• The majority of trains and railway networks, and
• Share of the metro.
Regional level
• The establishment of transport companies, including
Bus transport;
Fixing the rates and ticketing systems;
Schedules;
Coordination and planning;
Private railways, and
Individual transport of disabled people.
Local level
• Participating in regional transport companies;
• Financing local bus transport, and
• Local road network.
Sources
Government Reform in brief, December 2005.
169
National level
• Regulating the unemployed with insurance;
• Job centres, together with the municipalities, and
• The management and supervision of the employment effort in four new
state employment regions.
Regional level
--Local level
• Regulating the unemployed without insurance;
• Job centres, in collaboration with the State;
• Ten pilot job centres where the municipalities take over the State’s
responsibility for the unemployed with insurance.
Sources
170
c. Social policy
National level
The central government is responsible for the National knowledge and special
counselling organisation (VISO).
Regional level
• Operating services for exposed groups and groups with special needs
that have not been taken over by the municipalities;
• Operating institutions for children with social and behavioural problems
if the municipalities have made an agreement with the preparation
committees accordingly in 2006;
• The preparation of a frame agreement, including coordination of the
most specialised national and regional services in collaboration with the
other Regions;
• Participating in procurement of aids, and
• Tasks concerning operation of housing for the elderly and housing
communities.
Local level
• Regulatory, supply and financing duties related to social policy;
• Operating institutions of children and young people with social and
behavioural problems (except secured institutions)
• Child care;
• Elderly care;
• Social psychiatry, and
• Main funding.
Also, municipalities have the possibility to take over social services provided by
the Regions.
171
Sources
Denmark.
172
d. Education policy
National level
• Establishing goals for the contents of primary school education,
including special education;
• The Centre for teaching aids and materials;
• Youth educations;
• Further education and education for adults;
• Short- and medium-term higher education;
• University education, and
• Research.
Regional level
• Operating the most specialised national and regional education;
• Operating educational institutions with special education for people with
a speech, hearing or sight impairment (communication centres), and
• Coordinating youth education and education for adults, including FVU
and education for dyslexics.
Local level
• Primary school, including special education, and
• Special education for adults.
Sources
173
National level
The central government is responsible for national guidance, including
continuous supervision and development of guidance services in the education
sector.
The country includes eleven continuing training and education committees, each
responsible for a specific sector of the labour market.
The National Council for Adult Vocational Education and Training (REVE)
advises the Minister of Education.
Regional level
Regional authorities are responsible for regional guidance centres.
Local level
Municipal authorities are responsible for local education boards for adult
vocational training programmes directed at specific local job areas.
Sources
The Ministry of Children and Education, Frontpage/Education
174
f.
National level
The central government has overall responsibility in the field of youth and
sports.
Regional level
Regional authorities have competences in the field of education, social services
and culture.
Local level
• The youth policy relating to education, social services and culture, and
• Local sports activities.
Sources
175
g. Culture policy
National level
The central government is responsible for providing subsidies to:
• A number of private cultural institutions of a national nature;
• The national State recognised museums;
• District theatres and orchestras, the Det Danske Theatre, the Den Jyske
Opera and the drama schools at the theatres in Odense and Arhus, and
• Basic music courses and school concerts.
Also, it shares the responsibility with the Municipalities of providing subsidies
to music schools, local theatres, and local State recognised museums.
Regional level
Regional authorities are responsible for initiating cultural events and offers.
Local level
• Subsiding local culture, including relics of the past;
• Running music schools, and
• Subsiding local State recognised museums and a number of cultural
tasks.
Sources
176
National level
• Specialty planning;
• The systematic follow-up on quality, efficiency and IT usage, and
• Financing.
Regional level
• Hospitals;
• Psychiatry, and
• Health insurance (general practitioners, specialists and reimbursement
for medication).
Local level
• Preventive treatments, care and rehabilitation that do not take place
during hospitalisation, as well as special dental care;
• Home care;
• Treatment of alcohol and drug abuse, and
• Contributions.
Sources
177
i.
National level
• The general road network, and
• The majority of trains and railway networks.
Regional level
--Local level
Municipal authorities are responsible for the local road network.
Sources
Denmark
178
j.
National level
• The general growth policy, including cross-coordination between the
business, education, transport and employment policy (via the National
Growth Strategy);
• The Regional policy ministerial committee in charge of coordinating
activities;
• Ensuring coherence between national and regional growth efforts,
launching initiatives implementing the national growth policy at regional
level and overseeing regional business development strategies (Danish
Growth Council), and
• Funding, through a State block grant.
Regional level
• The preparation of regional development plans,
• The establishment of a secretariat providing service for the regional
growth fora;
• Co-financing business development activities;
• Developing regional business development strategies, monitoring
regional and local growth conditions, recommending co-financing and
recommending structural assistance (Regional Growth Forums), and
• Spatial planning, including raw material mapping and planning.
Local level
•
•
•
•
•
Local business service
Spatial planning , including local plans;
Local development contributions;
Cross-municipal business cooperation, and
Cooperation with growth fora.
179
Sources
Danish business authority, Regional policy actors
Denmark
180
National level
• Tasks involving international obligations of major national interest and
technically complicated tasks;
• The preparation of nature and water plans pursuant to the Act on
Environmental Goals;
• The monitoring of the nature and environment;
• Special regulatory tasks, including
The approval and inspection of companies;
The supervision of waste water outlets and certain local waste
handling plants;
Environment approvals;
The protection of the coastline;
The preservation of dunes;
• National planning.
Regional level
•
•
•
•
The preparation of regional development plans;
Measures and planning of recovery of raw materials;
Measures against soil pollution, and
Certain tasks pursuant to the Act on Environmental Goals.
181
Local level
• Most of the regulatory and citizen-related tasks regarding nature and
environmental legislation;
• The preparation of local action plans pursuant to the Act on
Environmental Goals for waste, waste water and water supply, and
• The maintenance of streams.
Sources
Denmark
182
l.
Energy policy
National level
•
•
•
•
•
The Danish Energy Agency;
National and international efforts to prevent climate change;
Energy issues;
Conducting national geological surveys in Denmark and Greenland, and
Meteorology.
Regional level
--Local level
• Energy supply, through local and regional energy companies, and
• Energy-saving.
Sources
Danish Ministry of Climate, Energy and Building, The Ministry
183
LRAs
National level
The central government is responsible for the overall legislation in accordance
with EU standards, and for the Danish AgriFish Agency.
Regional level
--Local level
--Sources
Ministry of food, agriculture and fisheries, The Ministry
184
b. Fisheries policy
National level
The central government is responsible for the overall legislation in accordance
with EU standards and for the Danish AgriFish Agency.
Regional level
--Local level
--Sources
Ministry of food, agriculture and fisheries, The Ministry
185
National level
The central government is responsible for the overall immigration and asylum
policy.
Regional level
--Local level
Municipal authorities are responsible for the integration of and language
education for immigrants.
Sources
186
d. Tourism policy
National level
•
•
•
•
The overall tourism policy;
The coordination of the Danish tourism policy,
International policy tasks related to the EU, and
The international promotion of Denmark as a tourism destination, annual
tourism analyses and the creation of knowledge (VisitDenmark).
Regional level
• The regional promotion of tourism (responsibility of Growth of regional
fora), and
• Facilitating and guaranteeing product development, innovation and
marketing of tourism within the Regions, via Regional tourism
development organisations.
Local level
• The local promotion of tourism, and
• Coordinating and delivering tourist services and information, as well as
product development and marketing at the local level, via Local tourist
offices.
Sources
European Commission, Annual tourism report 2010 Denmark
187
National level
• Planning and taking the necessary measures for civil preparedness at
ministerial level, and
• The coordination of civil preparedness planning, implementation of any
associated measures and completion of the work that is not taken care of
by other authorities (Minister of Defence).
The Danish emergency management agency (beredskabsstyrelsen; DEMA) is in
charge of:
•
•
•
•
•
•
•
Coordinating responsibility on behalf of the Minister of Defence;
The management of emergency response centres;
Supervising national and local rescue preparedness;
Advising body on preparedness matters;
Directive responsibilities in fire prevention;
The general development of emergency preparedness and response, and
Chemical and nuclear preparedness and response.
Regional level
• The administration of hospitals, and
• Regional centres for the national rescue preparedness.
Local level
• Supplies and emergency preparedness, and
• Drafting contingency plan for all assignments that the municipalities are
responsible for.
188
Sources
European Commission portal, European Commission > Humanitarian Aid &
Civil Protection > Vademecum/Denmark disaster management structure
189
7. Estonia
Estonia is a unitary republican State under the Constitution of 1992. Estonia
has a single chamber Parliament (Riigikogu), which is composed of 101 directly
elected members. The Constitution instituted the Republic of Estonia as a
democratic parliamentary representative State (Articles 1, 65.3, 65.5, 97 of the
Constitution).
Local self-government is a right guaranteed by the Constitution, which
states that “all local issues shall be resolved and managed by local authorities,
which shall operate independently pursuant to law’’ (Article 154). The State is
composed of 226 local authorities including 193 rural Municipalities (vald) and
33 urban Municipalities/Towns (linn) and Counties (maakonnad)54.
Municipalities are the only level of self-government as Counties (there are 15
counties) became a devolved level of central government. There is no regional
level of government. However, there are regional agencies of the state
administration headed by county governors, who are appointed by the central
government.
The legislative power is vested in the Riigikogu (article 59 of the Constitution).
The basic functions of local authorities are the independent organisation and
management of local issues in pursuance of the law and on the basis of the
legitimate needs and interests of the residents of the rural municipality or city.
Apart from the Constitution of 1992, the major legislative texts are:
• The local Government Organisation Act of 1993 which determines the
functions, responsibilities and organisation of local government and the
relations of local authorities with one another and with state bodies
• The Territory of Estonia Administrative Division Act of 1995. The county
governor exercises supervision over the activities of local government.
In 2011, revenue of the sub-national public sector came to EUR 1324 million,
representing 5.1% of national GDP and 24.7% of total public sector revenue.
Tax revenue (mostly shared taxes, i.e. the tax rate and share going to local
budgets is set by the state) represents almost half of sub-national public sector
revenue. However, municipal leeway over tax revenue is rather weak, as 96.3%
of tax revenue came from shared taxes in 2011.
54
The number of local authorities dates from 2009 and is taken from the report on Local democracy in Estonia
from the Congress of Local and Regional Authorities, 7 October 2010.
191
Local taxes represent 3.7 % of sub-national tax revenue in 2011, out of which
2/3 comes from the local sales tax collected in Tallinn (local sales tax was
removed from the list of local taxes since January 2012)55. Moreover, 34% of
revenue comes from State grants56.
Proposals have been made to restore counties into local self-governments, in
order to discharge municipalities from responsibilities such as transport,
secondary education, etc. The statute of the capital city Tallinn has been a point
of contention for years. Since 1994, Tallinn has lobbied to have the so-called
Capital Act passed in order to make the special statute of the city official.
National level
The legislative power rests exclusively with Riigikogu (Parliament).
The central government has general administrative powers in the following areas
of national sovereignty: justice, foreign affairs, national defence, and finances. It
also has supervisory powers.
Moreover, it is responsible for:
•
•
•
•
•
•
•
Maintenance of public order, rescue services;
Infrastructure development and maintenance;
Industry and commerce;
Education;
Labour policy;
Health management;
Motorways.
55
Data from the Ministry of Finance of Estonia.
56
192
Regional level
County level responsibilities
Counties are administrative units representing the central government at local
level. There is no elected regional level. However, counties have kept
responsibilities in the areas of:
•
•
•
•
Environmental management;
Economic and spatial development;
Supervision over certain acts of local government;
Coordination of emergency situations.
Local level
Municipal level responsibilities
Under the Constitution, all local issues are dealt with and resolved by selfgoverning territorial authorities unless assigned to other persons by law. These
authorities operate their own budgets. Local authorities are responsible for:
•
•
•
•
•
•
•
•
•
•
•
•
•
Education (nursery, primary and secondary levels);
Upkeep of public areas;
Social welfare and services;
Welfare services for the elderly;
Youth work;
Provision of public services and amenities;
Housing and utilities;
Water supply and sewer maintenance;
Local planning;
Maintenance of local public roads;
Local public transport;
Municipal libraries and museums;
Sports and leisure facilities.
193
Representation 57 : Local interests are represented towards the central
government via the Association of Rural Municipalities of Estonia (AME)
and the Association of Estonian Cities (AEC). With a view to uniform
representation of local authorities’ interests vis-à-vis the central government,
AME and AEC run what is called the Local Government Associations Cooperation Assembly (LGACA).
Information58: Local government associations have direct access with active
user rights to the official electronic law drafting system. They can thus be
informed and provide views on legislation as it is being drafted.
Consultation59: The Rules of Government stipulates that “prior to submission
of a draft to the Government of the Republic or its signing by a minister, the
draft shall be approved by other ministries and the State Chancellery and the
concerned ministers. The draft shall also be approved by national associations of
local governments if the draft concerns the general interests of local
governments”.
Consultations are carried out with both associations, and sometimes,
according to need, with individual local authorities as well. If the Ministry sets
up a working body, a consultation group, the association is sometimes asked to
participate. If the Ministry has adopted “Good Engagement Practices”
procedure, the associations may be contacted in the early stages of the law
making process. Associations maintain very good cooperation with the legal
chancellor, who is responsible for verifying the constitutionality of legislation.
According to article 65(3) of the local Government Organisation Act, Rural
Municipality, city councils and local government associations have the right to
submit proposals to the Government of the Republic for the passage or
amendment of Acts and other legislation.
Paragraph 9 of the State Budget Act focuses on the correlation between the
State budget and local government. It specifies that “the distribution of the
budget equalisation fund shall be determined on the basis of an agreement
between the authorised representatives of the local governments and local
government associations and the Government of the Republic.” If no agreement
is reached, the volume and the distribution of the budget equalisation fund is
decided by the Government”. Since 1994, annual negotiations are held
57
Ibid
59
Ibid
58
194
concerning the grants of the budget equalisation fund from the State to local
government.
In addition, some ministries have adopted “Good Engagement Practices” and in
this framework the associations are consulted.
Coordination60:
Estonia’s EU policy is reflected in positions reached in the process of
cooperation involving the Parliament (Riigikogu) and the citizens, the
government and its officials, Estonia’s local authorities and their associations.
The corresponding principle, laid down in the strategy document ‘The Estonian
Government’s European Union Policy’, forms the basis for national association
of local authorities such as the Association of Rural Municipalities of Estonia
(AME) to participate actively in this process. The Association of Estonian Cities
(AEC) also plays an active role in representing local interests in European
affairs.
The EU Secretariat (EUS), a subunit of the Government Office, is responsible
for the overall coordination of European Union affairs in Estonia. The
primary responsibilities of the EU Secretariat are:
• To support the Prime Minister in EU-related matters. On behalf of the
Prime Minister, the EU Secretariat leads the preparation of Estonia’s
positions for the European Council and coordinates the national
implementation of the Lisbon process. It also participates in the
preparation of Government’s positions in all councils, intergovernmental
conference (IGC), and EU external affairs.
• To ensure effective inter-ministerial cooperation in EU affairs. As the
line ministries are responsible for performing EU related tasks within
their respective competencies, effective inter-ministerial coordination is
necessary to ensure the coherence of Estonian EU policy.
Besides those main functions, EUS has several additional tasks, such as
informing the Commission about the transposition of EU legislation into
national legislation.
60
From the EU Secretariat, Government of Estonia Office website
195
Two national associations – the Association of Estonian Cites (AEC) and the
Association of Rural Municipalities of Estonia (AME) – are consulted in the
nomination process of national members to the Committee of the Regions
and the Congress of Local and Regional Authorities of the Council of
Europe (CLRAE). This clause is written in the nomination procedures that are
approved by the Minister for Regional Affairs.
The Estonian delegation to the CoR consists of 7 full members: 4 from cities and
3 from rural municipalities and 7 alternate members, 3 from rural municipalities
and 4 from cities.
The AME and the AEC have shared a joint Brussels Office since 2005.
The AEC is a member of the International Union of Local Authorities (IULA,
1925), the Council of European Municipalities and Regions (CEMR, 1995), the
Congress of Local and Regional Authorities of the Council of Europe (CLRAE),
the Baltic Sea States Sub-Regional Cooperation (BSSSC), and the Joint
Consultative Committee of the Committee of the Regions (CoR).
The association co-operates with many international organisations,
networks and movements such as the Union of the Baltic Cities (UBC), the
International Council for Local Environmental Initiatives (ICLEI), the Baltic
Local Agenda 21 Forum (BLA21F), and the World Health Organisation's
(WHO) Healthy Cities Project61.
7.3 Subsidiarity62
The national Parliament (Riigikogu) established a mechanism of subsidiarity
scrutiny within the framework of the Early Warning System (EWS). After
receipt of EU draft legislation, the Estonian Government submits to the Board of
the Riigikogu an explanatory memorandum63. The Board of the Riigikogu then
forwards EU draft legislative acts to the European Union Affairs Committee
(EUAC). It can also designate some standing committees for giving opinion on
the drafts. After consulting the opinions of the other standing committees, the
EUAC forms a final opinion on behalf of the Riigikogu. In case the EUAC finds
61
From the Association of Estonian Cities website
63
Pursuant to Article 152.2.1 of the Rules of Procedure, the explanatory memorandum should set out the
purpose of the EU draft legislative act, the procedure and schedule for proceedings in the EU institutions and an
overview of the effects related to passage from the draft legislation to legislation.
62
196
that the draft EU legislative acts do not comply with the principle of
subsidiarity, it may submit a draft resolution with a reasoned opinion which is to
be discussed in the plenary. The Government shall express its opinion. A
representative of the EUAC presents a report at the reading of the draft
resolution followed by the debate in the plenary. If motions to amend the draft
resolution are submitted, they are put to a vote; thereafter, the draft resolution is
put to a final vote. After adoption, the President of the Riigikogu forwards the
resolution to the relevant EU institutions.
There are no provisions for consulting local and regional authorities within the
EWS. Moreover, since it has so far not proved necessary to instigate the
procedure for a draft resolution, such consultation procedures have not yet been
institutionalised. At the same time, the EUAC has certain working practices and
routines which include various informal channels for consultation and
participation, contacts with stakeholders and civil society organisations, as well
as meetings with Estonian EESC and CoR members.
The EUAC also holds public hearings on various issues to which local
authorities’ representatives and stakeholders, among others, are invited.
The other channels of communication with the local associations described
above are not directly related to the EWS.
The Municipalities have not established any specific mechanism as regards
subsidiarity scrutiny of EU draft legislative acts.
As already mentioned, they are not formally consulted by the national
Parliament. However, they may participate informally in the subsidiary scrutiny
via the regular channels of cooperation between the national Parliament and the
local and regional authorities.
197
7.4 Bibliography
Constitution
Constitution of Estonia, adopted on 28 June 1992.
Legislation
Local Government Organisation Act, adopted in 02.06.1993, has been amended
71 times, last amendment 08.12.2011.
Websites
Association of Estonian cities
Association of Municipalities of Estonia
Estonia’s European Union policy 2011-2015.
Estonian Government, in particular the European Union section
Riigikogu, the Parliament of Estonia
The Estonian State
The President of Estonia
governments in the European Union Organisation, responsibilities and finance,
Report on ‘Subsidiarity in the Multilevel Framework of the Lisbon Treaty’,
198
the CoR
a. Transport policy
Central level
The Government is responsible for transport policy and legislation in the field
of:
• Railway transport;
• Air and maritime transport;
• Road transport, in particular developing the road traffic safety policy,
ensuring the safety of road users and road traffic; organising traffic
supervision; as well as implementation of traffic education policy.
Government agencies in the field of transport are the Estonian Civil Aviation
Administration, the Estonian Maritime Administration, the Estonian Technical
Surveillance Authority and the Estonian Road Administration (ERA). The ERA
is specifically responsible for:
• Road management and creation of conditions for safe traffic on national
roads;
• Improvement of traffic safety and reduction of harmful environmental
impact of vehicles;
• Organisation of traffic and public transport;
• State supervision over compliance with the provisions of legal acts within
its area of activity and implementation of the enforcement powers of the
state;
• Management of the National Road Databank, the Vehicle Register and the
Public Transport Information System;
• Participation in the development of the legislation regulating its area of
activity and making recommendations for amendments in the legislation,
as well as participation in working out the connected terminology;
• Participation in the elaboration of policies, strategies, and development
plans and participation in the preparation and implementation of
international projects;
• Implementation of the state policy and development plans in the field of
traffic safety and environmental safety of vehicles, and required
199
management of the register of vehicles, tachograph cards, driving licences
and other documents prescribed by law.
Regional level
--Local level: municipalities
• Organisation of public transportation within the rural municipality or city;
• Maintenance of rural municipality roads and city streets unless such
functions are assigned by law to other persons;
• Organising road traffic safety awareness and educational work among the
population, at schools and child care establishments;
• Compiling and adopting plans in order to ensure compliance with road
traffic safety requirements;
• Ensuring road mobility for physically disabled and blind people.
Sources
Estonian Road Administration
Local Government Organisation Act
Ministry of Economic Affairs and Communications
Traffic Act, entered into force 01.07.2011
200
Central level
•
•
•
•
Unemployment and labour market policy;
Working environment policy;
International cooperation;
Provision of labour market services and labour market benefits. (Estonian
Unemployment Insurance)
Labour market services include:
• Provision of information on the situation on the labour market, and of the
labour market services and benefits;
• Job mediation;
• Labour market training;
• Career counselling;
• Work practice;
• Public work;
• Coaching for working life;
• Wage subsidy and business start-up subsidy
• Adaptation of premises and equipment;
• Special aids and equipment;
• Communication support at interviews;
• Working with support persons.
Labour market benefits are:
• Unemployment allowance;
• Grants;
• Transport and accommodation benefits.
Regional level
---
201
Local level: municipalities
The Estonian Unemployment Insurance Fund must cooperate with local
governments, local government agencies and other service providers in the
provision of labour market services and other assistance necessary for finding
work to unemployed persons.
Sources
Labour Market Services and Benefits Act
Ministry of Social Affairs
202
c. Social policy
Central level
•
•
•
•
Development and execution of social policy;
Allocation of technical aids to people with disabilities;
Victim support;
Monitoring compliance with the requirements of the Equal Treatment Act
and the Gender Equality Act. (The Gender Equality and Equal Treatment
Commissioner, appointed by the Minister of Social Affairs)
Regional level
Local authorities are responsible for the organisation, in the rural municipality or
city, of:
• Social assistance and services in the rural municipality or city;
• Welfare services for the elderly, the handicapped and other persons in
need of assistance;
• Housing and utilities;
• Care homes;
• Shelters;
• Counselling;
• Home care assistance;
• Personal assistants;
• Social housing;
• Adapting a dwelling
• Social transport.
Sources
Equal Treatment Act
203
d. Education policy
Central level
• Planning, organising and developing education, research and language
policies and legislation;
• Developing national development plans in the areas of education, research
and language policies and guaranteeing their compliance with the national
development plans in these areas;
• Organising the funding, completion and assessment of the results of
development plans;
• Exercising governmental supervision over the activities of educational
institutions regarding provision of education and the fulfilment of national
study programmes and other educational standards;
• Planning and developing national study programmes and other
educational standards and organise their preparation and accreditation.
Governmental agencies in the field of education are: the National Examination
and qualification centre and the Estonian Educational and Research Network
(EENet).
Regional level
The Basic Schools and Upper Secondary Schools Act provides that the governor
of the county of location, at the request of the Minister of Education and
Research, exercises state supervision over teaching and education carried out by
schools.
Local authorities are responsible for the organisation, in the rural municipality or
city, of the maintenance of:
•
•
•
•
•
Pre-school child care institutions;
Basic schools;
Secondary schools;
Hobby schools;
Students’ transport.
204
Sources
Basic Schools and Upper Secondary Schools Act
Ministry of Education and Research
205
Central level
• National legislation;
• Providing basic education for those interested therein and ensuring the
opportunity to acquire secondary vocational education. (Responsibility
shared with the municipalities);
There were 45 vocational educational institutions in Estonia in the 2008/2009
academic year; 31 of which were state, 3 municipal and 11 private vocational
schools.
Four European Social Fund (ESF) programmes were introduced in 2008 to
modernise and provide quality assurance for vocational education, to increase
the popularity of vocational education and to develop the system of professional
qualifications: 1) Development of the system of professional qualifications
(implemented by the Estonian Qualification Authority). 2) Practical
development of vocational education (implemented by the National
Examinations and Qualifications Centre). 3) Developing e-learning in vocational
education (implemented by the Estonian IT Foundation). 4) Popularization of
vocational education (implemented by Foundation Innove).
Regional level
• Providing basic education for those interested therein and ensuring the
opportunity to acquire secondary vocational education. (Responsibility
shared with the central level);
There were 42 vocational educational institutions in Estonia in the 2011/2012
academic year; 30 were from the state, 3 municipal and 9 private (source:
Estonian Education Information System).
Sources
Ministry of Education and Research
Vocational Educational Institutions Act
206
f.
Central level
Youth
• Planning, organising and developing youth policy and legislation;
• Developing national development plans in the area of youth and
guaranteeing their compliance with the national development plans in this
area;
• Preparing the national programmes of youth work;
• Supporting the activities of youth associations and allocating annual
grants thereto;
• Exercising supervision in the field of youth work within the competence
provided in the legislation and monitoring the purposeful use of funds
allocated for youth work from the state budget.
The governmental agency in the field of youth is the Estonian Youth Work
Centre (EYWC).
Sport
At State level, sport and recreational sport are coordinated by the Ministry of
Culture, which works in close cooperation with the Ministry of Social Affairs
and the Ministry of Education and Research. These are responsible for
organising and promoting sport.
Regional level
Counties authorities are responsible for:
Youth
• Coordinating the implementation of national youth work programmes in
the county by entering into agreements with legal or natural persons for
the implementation thereof if necessary;
• Analysing youth work and the organisation of youth work in the county
and preparing the corresponding overviews;
207
• Exercising state supervision in the field of youth work at the assignment
of the Minister of Education and Research within the competence
provided in the legislation and monitoring the purposeful use of funds
allocated for youth work from the state budget.
Sport
Each Estonian county has its own sports union, which coordinates activities at
the local level.
Youth
• Determining the priorities of youth work in their administrative territories
and setting out the tasks necessary for the achievement thereof in the rural
municipality or city development plans;
• Approving the support principles of youth associations, youth
programmes and youth projects from the rural municipality or city budget,
the procedure and conditions for applying for and payment of support,
providing the terms and conditions of cost-sharing for the grant of support
if necessary as well as the application forms of support and the procedure
for reporting the use of support;
• Supporting the youth programmes and youth projects of youth
associations operating in the administrative territory of the given rural
municipality or city in case of existing budget funds;
• Consulting with the youth council, in case it exists, upon planning,
implementation and assessment of youth work;
• Approving the conditions and procedure for the conduct of project camp
in the administrative territory of the given rural municipality or city and
the procedure for issue of the permit for the conduct of project camp;
• Performing other functions connected with the organisation of youth work
in their administrative territories.
Sport
• Organising and maintaining sports facilities;
• Promoting sports;
• Determining the area necessary for sport within their administrative
territories;
208
• Supporting the work of sports organisations located within their
administrative territories;
• Ensuring conditions for conducting physical education lessons in
municipal schools and promoting the practice sport in schools, sports
schools and youth camps;
• Designating public servants engaged in the organisation of sport within
their administrative territories or assigning these functions to other public
servants of the rural municipalities or cities;
• Informing county governments and the Ministry of Culture of an intention
to change the purpose of a sport facility.
Local governments shall organise and fund local sports events held on their
territory.
Sources
Local Government Organisation Act, last amendment 12.05.2005
Ministry of Culture
Sport Act, entered into force 01.01.2006
Youth Work Act, entered into force 01.09.2010
209
g. Culture policy
Central level
The Ministry of Culture is responsible for organising and coordinating state
cultural policy. Its task is to ensure that necessary and favourable conditions,
both legislative and financial, are created for the functioning of culture, heritage
and sports from the culture professionals’ as well as the general public’s point of
view.
The areas of responsibility of the Ministry are:
•
•
•
•
•
•
•
•
•
•
•
•
•
Literature and publishing;
Theatre and cinema;
Music;
Fine arts;
Folk art;
Museums;
Libraries;
Cultural heritage, in particular organising heritage conservation work,
exercising state supervision over monuments and heritage conservation
areas and maintaining the national register of cultural monuments.
Creative industries;
Broadcasting and audiovisual policy;
Copyright and neighbouring rights;
Cultural diversity and integration;
Sports.
The governmental agency in the area of culture is the National Heritage Board.
Regional level
•
•
•
•
Libraries;
Community centres;
Museums;
Heritage conservation, in particular maintaining records on immovable
monuments in their territory, making proposals to the National Heritage
Board to place things of cultural value under temporary protection,
210
observing the heritage reservation requirements arising from the Heritage
Reservation Act in the performance of their duties and informing the
National Heritage Board of any violations of this Act.
Sources
Heritage Conservation Act
Ministry of Culture
211
h.
Central level
•
•
•
•
•
Health care policy and legislation;
Regulation of product and service safety;
Healthy living environment and lifestyle;
Chemical safety;
Coordination of the chemical safety sector; occupational safety and health
protection (Ministry of Social Affairs).
• The provision of first level health care services (family physician);
The health policy of Estonia is based on the National Health Plan 2009-2020.
The government agency in the field of public health is the Health Board.
Regional level
Local governments are not responsible, but may set up the health care
institutions (family health centres) located on its territory if they decide so.
Sources
Health Board
212
i.
Central level
Estonia is involved in the following Ten-T projects:
-2011-EU-21005-S
NG in Baltic Sea Ports
-2010-EU-21108-P
The Baltic Sea Hub and Spokes Project
-2009-EU-90002-S
Baltic Transport Outlook 2030
-2009-EU-50000-M
EasyWay, Phase 2
-2009-EU-40068-E
Airborne Datalink Equipment
-2009-EU-40005-E
Green and predictable Flights – North European Air Navigation Service
Providers
-2008-EU-91901-S
NETLIPSE
-2008-EU-40005-S
North European ATM Service Concepts - Feasibility study for a North European
Functional Airspace Block
-2007-EU-40010-SSESAR
SESAR (Single European Sky ATM Research) – Development Phase
-2007-EU-15010-S
Trans-European Satellite Navigation System (Galileo): Development and
validation phase
-2007-EE-27020-P
Cross-border section Tartu-Valga railway reconstruction / upgrading
-2007-EE-27010-S
Studies for a European gauge line for Rail Baltica (Estonian section)
-2006-EU-93017-S
Master Plan Studies for Development of the Baltic Sea Information Motorways
(BASIS)
-2006-EU-93001-S
ERTMS development and consolidation
The Ministry of Economic Affairs and Communications participates in several
EU development projects related to the Trans-European transport network TENT, such as the creation of the modern railway connection “Rail Baltica” passing
through the Baltic states.
213
Regional level
--Sources
The Trans-European Transport Network Executive Agency
214
j.
Central level
Elaborating and implementing the state's economic policy and economic
development plans in the following fields (Ministry of Economic Affairs and
Communications):
• Industry, trade, energy, housing, building, transport (including transport
infrastructure, carriage, transit, logistics and public transport), traffic
management (including traffic on railways, highways, streets, waterways
and airways), increasing road safety and reducing environmental
hazardousness of vehicles;
• Informatics, telecommunications, postal service and tourism;
• Coordination of the development of state information systems;
• Research and development and innovation, metrology, standardisation,
certification, accreditation, licensing, registers, industrial property
protection, competition surveillance, consumer protection, export
promotion and trade safeguards;
• Measurement of regional development and investment, related
administration of minimum stocks of liquid fuel and draft of the
respective legislation bills.
• Labour law;
• Social security.
Spatial planning
• Organising and supervising nationwide spatial planning activities.
In directing and promoting planning activities, the Ministry of the Interior is
responsible for directing regional development and environmental use.
215
Regional level
European Regional Development Fund (ERDF) + Spatial planning
Counties’ authorities are responsible for economic and spatial development.
• The approval and amendment of the rural municipality or city
development plans.64
• Social assistance and services in the rural municipality or city.
Spatial planning
• Local spatial planning;
• Initiation and adoption of comprehensive plans under the Planning Act of
1 July 2009;
• The repeal and adoption of detailed plans specified in subsection 10 of the
Planning Act of 1 July 2009;
• Establishment of rules for excavation operations and property
maintenance rules in order to ensure maintenance;
• Issuing and revocation of building permits;
• Organisation of construction supervision.
Sources
Building Act
Statutes of the Ministry of the Interior
64
A development plan is a document which defines the objectives of the long-term and short-term development
of a local government and envisages the possibilities for the implementation of these objectives and which, in a
balanced manner, takes into account the long-term directions in and needs for the development of the economic,
social, cultural and natural environment and on the basis of which the development of different fields of life is
integrated and coordinated.
216
Central level
The task of the Ministry of the Environment is to organise and coordinate
environmental policy. This includes:
• The management of national environmental and nature protection;
• The performance of tasks relating to land and databases containing spatial
data;
• The management of the use, protection, recycling and registration of
natural resources;
• Radiation protection;
• Environmental supervision;
• The management of meteorological observation, nature and marine
research, geological, cartographic and geodetic operations;
• The maintenance of the environmental register and the land cadastre;
• The management of the use of external funds of environmental protection
and the preparation of corresponding strategic documents and draft
legislation;
• International cooperation is coordinated and organised by the
International Co-operation Department.
Regional level
Counties authorities are responsible for:
• Environmental management;
• Maintaining land registers (Land registry departments).
• The Management of the utilisation of natural resources (land, forest and
bodies of water);
• The supply of water and sewerage;
• The adoption and updating of a waste management plan;
• The establishment of waste management rules;
• The establishment, for the types of waste subject to organised waste
transport, of the procedure for determining the frequency and time of
217
transport, the areas of waste transport and the amounts of waste transport
fees;
• Nature conservation on local level: local authorities shall determine the
conditions for the protection and use of valuable landscapes representing
the specific character of the natural and cultural environment, settlement
patterns or land use, or individual features of such landscapes.
Sources
Ministry of Environment
Nature Conservation Act
218
l.
Energy policy
Central level
• The elaboration of national development plans in the field of energy and
ensuring their conformity with other national development plans;
• The organisation of the financing, implementation and performance
evaluation of such development plans;
• Preparing of draft acts in the field of energy and ensuring their
compliance with the Constitution and legal acts, as well as performance of
the functions established by legal acts;
• The organisation of international cooperation in the area of energy,
including activities concerning the European Union.
Regional level
--Sources
219
LRAs
Central level
The Ministry of Agriculture is responsible for:
• Drafting national legislation;
• Drafting and carrying out national agricultural development plans and
enforcement of corresponding measures;
• The regulation of activities related to the processing of agricultural
products;
• Agricultural market regulation;
• National stockpiles of basic grain seed and food grains;
• Food control and supervision;
• Plant protection;
• Veterinary medicine;
• Animal and plant breeding;
• Land improvement;
• Agricultural research, education and training.
Regional level
--Sources
Ministry of Agriculture
220
b. Fisheries policy
Central level
As of March 2001, the fisheries matters are divided between two ministries: the
Ministry of Agriculture and the Ministry of the Environment.
Within the Ministry of Agriculture, the Fishing Economics Department is
responsible for:
•
Pisciculture, production, processing and marketing of fish and fish
products, structural fishing policy excluding the fishing fleet;
• Devising and implementing fisheries policy.
The Fisheries Resources Department is responsible for:
• National fisheries policy;
• Managing and coordinating research, assessment, exploitation,
reproduction and protection of fish resources;
• Creating a competitive yet sustainable field of economy meeting the
requirements of the EU’s Common Fisheries Policy.
• Developing and amending of the Fishing Act and its sub-acts;
• International fisheries cooperation;
• Scientific research of fish resources and reproduction;
• Fishing-related accounting, fish protection and surveillance;
• Fishing efforts and assessment of the use of resources, based on which the
regular and special fishing permits are issued;
• Planning and conducting surveys on implementation of Section 014,55, of
the “Fishing Permit Fees” of the national budget (in co-operation with the
County Environmental Departments);
• Developing the specialised environmental programme’s sub-programme
for fisheries and ensuring precise and sustainable use of the funds
assigned to it.
Regional level
County Environmental Departments are responsible for:
• Issuing limited fishing permits and permits for recreational fishing;
• Planning and conducting surveys on implementation of Section 014,55, of
the “Fishing Permit Fees” of the national budget (in co-operation with the
central government).
221
---
222
Central level
• Immigration and asylum policy and legislation;
• International cooperation.
The governmental agency in the area of immigration and asylum is the Police
and Border Guard Board.
Regional level
According to the Act on Granting International Protection to Aliens, Local
authorities are responsible for:
• Organising the admission of a person enjoying international protection
and, where necessary, assisting in: finding housing, obtaining social and
health services; organising for translation of the Estonian language
instruction and obtaining information concerning the person’s rights and
duties;
• Ensuring that the residence permit of an alien who is staying in the
territory of a local government will be formalised pursuant to the Aliens
Act;
• Notifying the Police and Border Guard Board about an alien who is
staying and is being employed in the territory of the local government
illegally.
Sources
Act on Granting International Protection to Aliens
Aliens Act
223
d. Tourism policy
Central level
• Elaborating national development plans in the field of tourism and
ensuring their conformity with other national development plans;
• Organising the financing, implementation and performance evaluation of
such development plans;
• Preparing draft acts in the field of tourism and ensuring their compliance
with the Constitution and legal acts, as well as performance of the
functions established by legal acts;
• Organising international cooperation in the area of tourism, including
activities concerning the European Union.
Regional level
Local authorities are responsible for state supervision over adherence to the
requirements of the Tourism Act and legislation established on the basis thereof.
Sources
Tourism Act
224
Central level
•
•
•
•
•
•
•
•
Ensuring public order and constitutional order;
Fire fighting;
Organising crisis management;
Distributing operational information;
Guarding the national border and ensuring the border regime;
Organising citizenship and migration affairs and rescue work;
Developing and implementing the country’s internal security policy;
Planning and implementing support measures of the European Union
structural funds and foreign funds aimed at the development of internal
security.
The governmental agency for civil protection is the Estonian Rescue Board.
Regional level
Counties’ authorities are responsible for the coordination of emergency
situations.
• Organising the supervision of public order and citizen protection;
• Establishing rules in order to ensure public order (Municipal council).
Sources
Estonian Rescue Board
Ministry of the Interior
Statutes of the Ministry of the Interior
225
8. Finland
Finland is a parliamentary Republic under the 1999 Constitution. The Head
of State is the President of the Republic and the Government is led by a Prime
Minister. Finland was formerly considered a semi-presidential parliamentary
system, but pursuant to the 1999 constitution and the 2012 constitutional
amendments, it is now a parliamentary democracy. The Parliament (Eduskunta)
is unicameral. It consists of 200 Representatives, who are elected for a four-year
term65.
Finland is a unitary State organised on a decentralised basis. Finland has
three levels of governance: at central, regional and local levels. Local selfgovernment dates back to the 1860s legislation, which remain the basis for the
current system. With the independence of Finland from Russia in 1917, new
legislation was adopted and introduced universal direct suffrage at the municipal
level. Local government has developed gradually ever since. In 1995, a Local
Government Act was adopted. In addition, the Åland Islands are granted a
special autonomous status since 1921.
Finland comprises 19 Regions (maakunnan liitto) – 18 of them being on the
mainland and the Åland Islands, which are autonomous – and 336
Municipalities (kunta). The Kainuu Region is going through an experiment
since 2005 and until the end of 2012: it is the only mainland Region having a
directly elected regional council and is granted broader competences. The
remaining regional councils are elected by the municipal authorities and
constitute joint municipal authorities.
Six Regional State Administrative Agencies (AVI) and 15 Centres for Economic
Development, Transport and the Environment (ELY) took over the duties of the
former Provinces (lääni) in 2010 and constitute the regional level of
deconcentrated State administration.
The Åland Islands, with a Swedish speaking majority, is an autonomous
Region since 1921, having its own Parliament and Government. It is further
divided into 16 Municipalities.
The local self-government principle is enshrined in the Constitution. Local
authorities are given administrative competences under law. Regional Councils
have administrative duties whereas Municipalities also have regulatory powers.
Local authorities are entitled to levy taxes.
65
Constitution of Republic of Finland of 11 June 1999, updated on 2011.
227
The Ministry of Finance monitors local operations and finances in general and
ensures that municipal autonomy is taken into account in the preparation of
legislation concerning local authorities.
The Åland Islands status is regulated by international decisions and
agreements. The Åland has legislative powers, which are described in the
Autonomy Act, ‘Självstyrelselagen’. The Åland legislative power is not
delegated so that the Finnish Parliament may not legislate in areas or matters
belonging to the authority of the Åland Parliament. The Autonomy Act
enumerates the matters belonging to the State authority and the Åland authority
in two different lists; this division is exclusive to the extent that a State law is
not in force in Åland if Åland has legislative power in the matter. There is no
hierarchy between the Finnish and Åland acts.
Besides the Constitution, there are several acts which describe the vertical
division of powers in the mainland, the most important being:
-
The Local Government Act 365/1995,
The Division into regions Act 1159/1997
The Kainuu Administrative Experiment Act 343/2003,
The Act on Regional development 1651/2009,
The Act on Restructuring Local Governments and Services (Framework
Act) 169/2007.
Legislation covering social welfare and health, education and culture gives
further details on the vertical division of powers.
In addition, the Act on the Autonomy of Åland 1144/1991 describes the division
of powers between the Åland Islands and the Finnish Parliament. The division
of competences between the Åland Parliament and the Municipalities is defined
in Ålandic law.
Revenue excluding borrowing of the sub-national public sector amounted to
EUR 30.0 billion in 2005, representing 19.3% of Finnish GDP and 36.3% of
total public revenue.
The sub-national funding system is highly decentralised: tax revenue
represents 47.3% (almost half of sub-national public sector revenue comes from
own-source taxes), grants represent 27.2% and 25.5% are from other revenue66.
66
228
Finnish Municipalities are to go under extensive reforms in the coming years
and the new Local Government Act is intended to come into force on 1 January
201767.
Central level
State competences
The State is in charge of civil service, which is also devolved at the regional
(Regional State Administrative Agencies and Centres for Economic
Development, Transport and the Environment Agencies) and local levels.
The State has legislative powers in all areas, except in the Åland Islands.
It has exclusive competences, also with regard to the Åland Islands in the
following fields:
•
•
•
•
Foreign affairs;
Most civil and criminal law;
The judiciary system;
State taxation.
Regional level
Regional Council competences
Statutory competences:
• Regional development;
• Regional land use planning;
• Preparation and execution of programmes co-financed by the structural
funds;
• Cooperation among local governments.
67
For more information please refer to the Association of Finnish Local and Regional Authorities portal.
229
Voluntary competences:
• Promotion of business and tourism;
• Development and coordination of the region's cultural activities,
education and training, and local heritage work;
• Marketing of the region;
• The region's public services based on the "one-stop-shop" principle;
• Taking account of environmental, transport, energy and housing issues in
the operation of public authorities and other activities;
• Promotion of a high-quality, pleasant living and working environment;
• Research on the Region;
• Information society and issues related to information technology.
Additional competences of the Kainuu Region68
- Healthcare;
- Social welfare services;
- Secondary education (excluding day care).
Regional State Administrative Agencies (State authorities)
-
Basic public services, legal rights and permits;
Occupational health and safety;
Environmental permits;
Fire and rescue services and preparedness;
Police.
Centres for Economic Development, Transport and the Environment (State
authorities)
- Business and industry, the labour force, competence and cultural
activities;
- Transport and infrastructure;
- The environment and natural resources.
68
Ministry of finance, Powerpoint presentation on ’Kainuu self-government trial – Situation in 2011,
01.01.2011.
230
The Ǻland Islands have legislative power in the following fields
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Ǻland civil service;
Taxation;
Public order and security;
Civil protection;
Land planning;
Environment;
Culture;
Public health;
Social welfare;
Education;
Apprenticeships;
Sports;
Youth work;
Agriculture;
Fisheries;
Prevention of cruelty to animals and veterinary care;
Resources management;
Communications (postal services, broadcast);
Transport networks;
Trade;
Promotion of employment;
Statistics;
Some aspects of criminal law.
Local level
Municipality competences
• Healthcare (primary and secondary healthcare);
• Dental services;
• Social services (including social welfare, child day care and services for
the elderly and disabled);
• Education (including pre-school, primary, secondary, vocational training,
adult education, library services);
• Culture programming;
• Sports programming;
• Land use planning;
231
• Construction and maintenance of local infrastructure and the municipal
environment, including streets, energy management, water and
wastewater management, and harbours;
• Public transportation;
• Promotion of local business and employment.
Representation: Finnish municipalities in the mainland are represented at
national and international level by the Association of Finnish Local and
Regional Authorities [AFLRA] (Kuntalitto)69.
Information and consultation70: During the legislative process, information is
provided to the local and regional authorities to the extent that information is
published on the Parliament’s website.
Local authorities: During the legislation preparation and usually at an early
stage, AFLRA may participate in committees and working groups set up by the
central Government, thus permitting the local representatives to have an
influence on the final legislation. Moreover, AFLRA may provide written
opinions and recommendations on reports and proposals. In addition, AFLRA
may participate in hearings with parliamentary committees during the evaluation
phase of the draft legislative acts. Finally, the regional councils must be
consulted by the central authorities on any action having an impact on regional
development.
Åland Islands: Åland is consulted a priori in questions within its competence
and those that are of importance to it pursuant to Section 59 of the Constitution.
Coordination:
Municipal cooperation: Municipalities may set up joint authorities –
independent legal public entities governed by municipal legislation – to perform
specific functions on a permanent basis. There are currently 184 joint authorities
in Finland including regional councils, hospital districts, districts for care of the
disabled, as well as joint authorities established to perform tasks related to
public health and education.
69
70
Council of European Municipalities and Regions, Study on ´Consultation procedures within European States´,
2007, pp 63-70
232
Vertical coordination: Pursuant to the Local Government Act, the Ministry of
finance supervises the Municipalities and ensures that the principle of local selfgovernment is respected when the Government prepares legislation of local
relevance. The Municipalities and the central Government negotiate on matters
of municipal relevance.
In particular, the Advisory Board on Municipal Economy and Administration of
the Ministry of Finance brings together representatives of the central
Government and AFLRA and is in charge of dealing with matters involving
local government legislation, municipal administration and municipal finance.
Coordination between the State and the Åland Islands: Åland participates in
the legislative process when the matter falls within its competence or is of
importance to it. It may participate at the governmental and parliamentary levels
in the preparation of the Finnish position on EU matters.
Governmental coordination: When an EU act falls within the powers of Åland
or may have special significance to Åland, its Government is authorised to
participate in the preparation of the national positions preceding the EU
decision-making. In case of differing positions between the State and Åland, the
latter’s position must be presented in the EU institutions
Parliamentary coordination: The Finnish Parliament Grand Committee is
responsible for the scrutiny of EU acts. The Åland representative to the Finnish
Parliament is entitled to attend the Grand Committee’s meetings and thus
presents Åland’s opinions within this frame.
The Finnish CoR delegation is composed of nine members: one from the Åland
Islands, four from the regional councils and four from the Municipalities.
Åland does not directly participate in the Council of the EU.
AFLRA has had a liaison office in Brussels since 1992. The office pursues
close cooperation with the local offices of other European organisations and the
Council of European Municipalities and Regions (CEMR).
In addition, several regions have their own liaison offices (South Finland EU
Office, Helsinki EU Office, East Finland EU Office, West Finland EU Office,
North Finland EU Office, Tampere Region Office and Turku-Southwest Finland
European Office).
Åland has a special adviser at the Finnish Permanent Representation to the EU.
233
AFLRA is a member of several European territorial associations: the United
Cities and Local Government (UCLG) and the Council of European
Municipalities and Regions (CEMR).
Regional Councils representatives are also members of the Congress of Local
and Regional Authorities of the Council of Europe (CLRAE), the Assembly of
European Regions (AER), the Conference of Peripheral Maritime Regions of
Europe (CPMR), the Baltic Sea States Subregional Cooperation (BSSSC) and
the Association of European Border Regions (AEBR).
Ǻland has its own representation in the Nordic Council
8.3 Subsidiarity71
The national Parliament established a specific procedure within the framework
of the Early Warning System. Nevertheless, since the Finnish system of
parliamentary scrutiny in EU matters is effective, the specific subsidiarity
procedure might not be used often
The national Parliament transfers the EU draft legislative act to the Ǻland
Parliament as soon as there is a Swedish version available, without any filtering
procedure.
The Ǻland observations which are sent to the Grand Committee of the national
Parliament must be considered but are not binding.
The Ǻland Parliament has not yet established a specific subsidiarity procedure
within the framework of the Early Warning System.
When a subsidiarity issue falls within the competence of the Ǻland Parliament,
its observations are included verbatim in the national Parliament’s reasoned
opinion or forwarded to the EU institutions in case the national Parliament
decides not to issue a reasoned opinion.
Since the Ǻland Parliament’s opinions are not binding, there is no guarantee that
the national Parliament takes them into account when voting.
71
Report on the Role of regional Parliaments in the process of subsidiarity analysis within the Early warning
System of the Lisbon Treaty, Committee of the Regions, drafted by EIPA (Vara, Arribas G. & Bourdin D.), 2010.
234
8.4 Bibliography
Legislation
Act on Regional development 1651/2009 of 29.12.2009
Act on Restructuring Local Governments and Services (Framework Act)
169/2007.
Constitution of Republic of Finland of 11 June 1999, updated on 2011.
Kainuu Administrative Experiment Act 343/2003
The Act on the Autonomy of Åland 1144/1991.
The Division into regions Act 1159/1997.
The Finnish Local Government Act, 17 March 1995, No. 365, unofficial
translation edited by the Association of Finnish Local and Regional Authorities,
2007.
Websites
Association of Finnish Local and Regional Authorities –AFLRA
- AFLRA portal, Regional Councils / Special functions
- AFLRA portal, Home / Local authorities / Municipal cooperation
Centre for Economic development, Transport and the Environment, Internet
ELY-keskus/EN/Frontpage
Ministry of finance, Main / Municipal affairs / Cooperation between
municipalities and central government,
Regional State Administrative Agencies portal, Internet AVI / SWE
235
Association of Finnish Local and Regional Authorities and Public Sector Digest,
Restructuring Local Government in Finland, April 2011.
Council of European Municipalities and Regions, Study on ´Consultation
procedures within European States´, 2007, pp 63-70
Ministry of finance, Powerpoint presentation on ’Kainuu self-government trial –
Situation in 2011, 01.01.2011.
Report on the Role of regional Parliaments in the process of subsidiarity
analysis within the Early warning System of the Lisbon Treaty, Committee of
the Regions, drafted by EIPA (Vara, Arribas G. & Bourdin D.), 2010.
236
the CoR
a. Transport policy
Central level
State competences
• Responsibility for planning and legislation;
• The Ministry of Transport and Communications is in charge of the overall
transport policy, including:
o Transport systems;
o Transport infrastructure (all public roads and streets, private roads,
railways, maritime and inland waterways, the metro and tram
systems);
o Transport networks;
o Transport of people and goods;
o Traffic safety;
o EU and international cooperation in the field of transport;
o Provision of strategic guidance and supervision of the administrative
sector;
• The Government is assisted by several government agencies (Finnish
transport agency; Finnish transport safety agency; Finnish transport safety
agency Trafi (aviation), etc.)
Regional level
Regional Council competences72
• Launching the planning process concerning transport system plans (except
Helsinki region transport plan.
72
Act 1651/2009 on regional development of 29.12.2009.
237
authorities)
•
•
•
•
•
•
•
•
•
Road maintenance;
Road projects;
Transport system management;
Public transport;
Island traffic;
Transport permits;
Traffic management;
Assessment of basic transport services;
Traffic customer service.
Åland competences
•
•
•
•
•
•
Roads and canals;
Road traffic;
Railway traffic;
Boat traffic;
Local shipping lanes;
Central authorities have legislative powers in the field of merchant
shipping, shipping lanes and aviation73.
Local level
• Local road network;
• Local public transportation;
• Bus and coach transport.
73
Act on the autonomy of Aland 1991/1144, Section 28 (last consultation: 18.04.2012).
238
Sources
Ministry of Transports and Communications portal, The Ministry
Centres for Economic Development, Transport and the Environment
portal, Internet ELY-keskus : Transport and infrastructure
Act on the autonomy of Aland 1991/1144, Chapter 4, Section 18
Act on the autonomy of Aland 1991/1144, Section 28
The Finnish Local Government Act, 17 March 1995, No. 365, unofficial
translation edited by the Association of Finnish Local and Regional Authorities,
2007.
239
Central level
State competences
The Ministry of Employment and the Economy is responsible for:
• Industrial policy;
• Planning, development and implementation of the public employment
service;
• Employment and unemployment policy;
• Working environment issues;
• Collective agreements;
• Arbitration of labour disputes;
• Labour law and labour market relations;
• Entrepreneurship development and enterprise support;
• Integration of migrants;
• Internal market policy and business law;
• Consumer policy and technical regulation;
• Competition policy;
• Employment and enterprises support;
• Social security benefits (unemployment benefit/allowance (non-earnings
related); labour market subsidy).
The Labour Council (special authority reporting to the Ministry) issues opinions
on the application and interpretation of laws on:
•
•
•
•
Working hours;
Annual holidays;
Exploitation of children and young people for work; and
The protection of other employees.
Collective agreements stipulate minimum conditions, which must be observed in
all employment contracts in the sector concerned.
Regional level
• Promotion of business.
240
The Centres for Economic Development, Transport and the Environment (State
administration) are responsible for:
•
•
•
•
Stimulating entrepreneurship;
Labour market functioning, competence and cultural activities;
Job prospects in the region;
Integration of immigrants.
Åland competences
• Legislation on civil servants employed by the Åland Parliament, Åland
Government and all Municipalities in Åland;
• Promotion of employment;
• Trade;
• Central authorities have legislative powers with regard to:
The right of foreigners and foreign corporations to own and possess
real property and shares of stock and to practice a trade;
Promotion of competition;
Labour law (except the collective agreements on the salaries of the
Åland and municipal officials).
Local level
Municipality competences74
• Promotion of local business and employment;
• Activities supporting the access to employment and specific work for
people with disabilities.
Sources
Ministry of Employment and the Economy portal, Front page / Ministry
Ministry of Finance portal, Public management reforms, Development of public
administration : Regional administration
Act on the autonomy of Aland 1991/1144, Chapter 4, Section 18
Act on the autonomy of Aland 1991/1144, Section 28
74
The Finnish Local Government Act, 17 March 1995, No. 365, unofficial translation edited by the Association
of Finnish Local and Regional Authorities, 2007; Social Welfare Act 710/1982 as amended
241
c. Social policy
Central level
State competences
The Ministry of Social Affairs and Health is responsible for the overall policy.
Its missions include:
•
•
•
•
•
•
•
General planning, guidance and implementation of social policy;
Promotion of welfare and health;
Social services;
Social insurance;
Private insurance;
Gender equality;
Social security benefits (family allowance; student financial aid; maternity
allowance; sickness allowance; cash benefits for parents; reimbursement
of medical expenses; child care subsidies; disability allowance;
rehabilitation and rehabilitation allowance; national pension (non-earnings
related); family pension (non-earnings related); pensioners’ housing
allowance; general housing allowance; private day care and child home
care allowance; school transportation subsidy).
National Research and Development Centre for Welfare and Health: expert
government agency.
Regional level
--Regional State Administrative Agencies (State authorities):
• Controlling and monitoring municipal and private social welfare;
• Granting the social service providers permits.
Kainuu Region has broad responsibilities in the field of social welfare.
Åland competences75
• Overall social welfare policy in Åland.
75
Chapter 4, Section 18
242
Local level
Municipalities are the main providers of basic services. They have
responsibilities in the field of:
• Planning and implementation of social welfare in accordance with
national law;
• Organisation of social welfare;
• Child and youth welfare;
• Child day care;
• Child guidance and family counselling;
• Home-help services;
• Institutional care;
• Family care;
• Services for the elderly;
• Services for the disabled;
• Services for drug-addicts;
• Family conciliation;
• Other necessary social services.
76
of Finnish Local and Regional Authorities, 2007; Social Welfare Act 710/1982 as amended
243
d. Education policy
Central level
State competences
• Overall legislation and general principles passed by the Parliament;
• Formulation and implementation of education policy by the Government
and the Ministry of Education and Culture;
• Development plan for education and research defining the lines of
education and science policy adopted by the Government;
• The Ministry of Education and Culture is responsible for:
The implementation of education policy;
The drafting of educational legislation;
Preparation of the State budget and government resolutions relating
to its sector.
• Supervision of publicly-funded education.
• The National Board of Education is responsible for tasks relating to the
provision of education and its development.
• The Matriculation Examination Board is in charge of:
The matriculation examination;
The setting up and assessment of the tests.
• The expert body in evaluation is the National Education Evaluation
Council.
• The Higher Education Evaluation Council handles matters relating to the
evaluation of tertiary education.
Regional level
• Coordinating foresight concerning regional long- and medium-term
educational needs and preparing regional educational objectives as part of
the development planning of education and research.
The Regional State Administrative Agencies and the Centres for Economic
Development, Transport and the Environment handle certain educational
matters at the regional level.
244
Åland competences
• Overall education policy in Åland.
Local level
Municipalities are the main providers of basic education. They may establish a
municipal consortium. They have responsibility in the field of:
•
•
•
•
•
Pre-primary education;
Basic education;
General upper secondary education;
Co-funding of education with the central Government;
Music and art education.
77
Ministry of Education and Culture portal, Main page / Education / Education system / Administration; Basic
Education Act 628/1998 with amendments up to 1136/2010
245
Central level
State competences
• Legislation on adult education and training;
• Definition of the national objectives, qualifications structure and core
subjects of vocational education and training by the Government;
• The Ministry of Education and Culture is responsible for
The strategic and normative steering of vocational education and
training;
The details of the qualification and the extent of training;
The authorisations to provide vocational education and training.
• The National Board of Education designs the core curricula and sets the
requirements of competence-based qualifications;
• National Coordination Group for Education and Training: expert body.
Regional level
--Centres for Economic Development, Transport and the Environment (State
authorities)
• Promoting cooperation in adult education;
• Planning, monitoring and development of vocational and adult education.
Åland competences
• Overall vocational training policy in Åland.
246
Local level
Municipalities and municipal training consortium may be vocational education
and training providers. They have responsibilities in the field of:
•
•
•
•
Organising training in their area;
Matching provision with local labour market needs;
Devising curricula based on the core curricula and requirements;
Co-funding of vocational education and training with State authorities.
247
f. Youth and Sport policy
Central level
State competences
Sport policy
The Ministry of Education and Culture is in charge of:
• Leading, developing and coordinating sports policy;
• Financing sports policy;
• Monitoring the implementation of ethical principles in sports, notable
anti-doping activities;
• International cooperation.
The Ministry is assisted by the National Sports Council.
Youth policy
The Ministry of Education and Culture is responsible for:
• Coordinating public youth work and youth policy measures.
Regional level
--Åland competences78
• Overall youth and sports policy in Åland.
78
248
Local level
Sport policy
• Sports facilities;
Youth policy
•
•
•
•
•
•
•
•
Youth work;
Young people’s growth and living conditions;
Special youth work;
Youth workshops;
Youth facilities;
Operating grants;
Information and counselling services;
Young people’s involvement and participation.
249
g. Culture policy
Central level
State competences
• The Parliament passes legislation and decides upon the extent of State
funding;
• The Ministry of Education and culture is responsible for:
Creating overall conditions for culture and for participation in
culture;
Strategic development in the cultural sector;
Drafting cultural legislation;
Preparing relevant budget proposals;
Promotion of arts and culture (department for cultural, sport and
youth policy);
National cultural and art institutions;
Ministry is a major recipient of EU Structural Funds.
• The Arts Council for Finland awards grants, State subsidies and State
awards;
• National Board of Antiquities is responsible for:

Antiquities;
Historical monuments;
Relevant research;
Overall direction and supervision of the museum system;
Matters relating to licensing, supervision and State subsidies.
• National Gallery (central art museum);
• National Audiovisual Archive is responsible for:
Storing, documenting and restoring Finnish films and videos;
Promoting film research;
Disseminating film knowledge.
• Finnish Centre for Media Education and Audiovisual maintains and
develops an online classification system for audiovisual programmes.
250
Regional level
• Development and coordination of the region's cultural activities.
• Overall culture policy in the Åland, including:

Cultural activities;
Prehistoric relics;
Protection of artefacts with cultural and historic value;
Library services;
Museum services.
Local level
•
•
•
•
•
•
•
•
79
80
Culture programming;
Music and art education;
Co-funding with the State;
Provision of wide range of cultural services;
Provision of library services;
Running of art institutions;
Provision of art education, support art and cultural heritage;
Opportunities for cultural and artistic activities.
AFLRA portal, Library network and cultural service
251
Central level
State competences 81 82 83
The Ministry of Social Affairs and Health is in charge of:
• Coordinating the observance of national harmonised principles of medical
and dental care;
• Drafting the harmonised principles together with the National Institute for
Health and Welfare;
• General planning, guidance and supervision concerning primary
healthcare;
• General planning, guidance and supervision concerning specialised
medical care.
The National Institute for Health and Welfare is in charge of:
• Supervising and assessing the observance of the harmonised principles of
care by local authorities and joint municipal authorities for hospital
districts.
The National Supervisory Authority for Welfare and Health is responsible for:
• Guiding the operations of the Regional State Administrative Agencies in
order to harmonise their principles of operation, procedures and decision
practices in the guidance and supervision of specialised medical care.
The National Authority for Medico-legal Affairs is responsible for:
• Harmonising their operational principles, procedures and decision-making
practices in the guidance and supervision concerning primary healthcare.
Government expert agencies in primary healthcare:
• The National Research and Development Centre for Welfare and Health,
• The National Public Health Institute,
• The Finnish Institute of Occupational Health;
81
Health Care Act (1326/2010), Section 7
Primary Health Care Act (66/1972), Chapter 2.
83
Act on specialized Medical Care (1062/1989) as amended.
82
252
• The Radiation and Nuclear Safety Authority.
Regional level
--Regional State Administrative Agencies (State authorities)
• Planning, guidance and supervision concerning specialised medical care
within their area of operation84;
• Guidance and supervision concerning primary healthcare within their area
of operation85;
• Occupational health and safety86.
• Healthcare;
• Medical treatment;
• Central authorities have legislative powers with regard to88:
Human contagious diseases, castration and sterilisation, abortion,
artificial insemination and forensic medical investigations;
The qualifications of persons involved in healthcare and nursing,
the pharmacy service, medicines and pharmaceutical products, drugs
and the production of poisons and the determination of the uses
thereof;
Contagious diseases in pets and livestock;
The prohibition of the imports of animals and animal products;
The prevention of substances destructive to plants from entering the
country.
84
Act on specialized Medical Care (1062/1989) as amended.
Primary Health Care Act (66/1972), Chapter 2; Act on specialized Medical Care (1062/1989) as amended.
86
Regional State Administrative Agencies portal, Internet AVI / SWE
87
88
Section 27.
85
253
Local level
Municipality competences89 90
Local authorities and joint municipal authorities for hospital districts work
together to monitor the observance of the harmonised principles of care.
Municipalities have responsibilities in the field of:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
89
90
Primary healthcare in accordance with the national guidelines;
Health promotion;
Health counselling and health checks;
Screening;
Maternity and child health clinic services;
School-based healthcare;
Student healthcare;
Occupational healthcare;
Mariner healthcare;
Counselling for the elderly;
Environmental healthcare;
Medical certificates;
Medical care;
Home nursing;
Oral healthcare;
Mental health services;
Substance abuse services;
Medical rehabilitation.
Health Care Act (1326/2010), Section 7
Primary Health Care Act (66/1972), Chapter 2
254
i. Trans-European networks policy
Central level
State competences
The Ministry of Transport and Communications is in charge of:
• Drafting the legislation on transport infrastructure;
• Basic rules for the planning, construction, maintenance and closure of
transport infrastructure;
• Infrastructure development and maintenance.
The Finnish Transport Agency is responsible for:
• The development and use of the nationwide transport system;
• The monitoring of the use of the funding;
• Regional development work is carried out in cooperation with regional
and local authorities.
Infrastructure management funded from the State budget.
The Parliament decides on large investments and on the funding of the
infrastructure management.
Regional level
• Planning of the regional transport system.
authorities)
• Road maintenance;
• Road projects;
• Transport system management.
255
• Transport network.
Local level
• Construction and maintenance of local infrastructure.
91
256
j. Economic, Social and Territorial Cohesion policy
Central level
State competences92
Finland's National Strategic Reference Framework (NSRF) sets out the
objectives and focus areas for the delivery of funds for development projects.
The Ministry of Employment and of the Economy is responsible for:
• The preparation of national objectives for regional development;
• Coordinating, monitoring and evaluating the preparation and
implementation of regional strategic and other programmes (in
cooperation with ministries, regional councils and other relevant actors);
• Issuance of instructions to the regional councils on the preparation,
implementation, monitoring and evaluation of the regional strategic
programmes.
A Regional and Structural Policy Advisory council is responsible for:
• The coordination of the implementation of the objectives and programmes
concerning the development of natural regions, and the implementation of
programmes relating to structural funds, the European Agricultural Fund
for Rural Development and the European Fisheries Fund;
• The monitoring of the profitability of both national and regional
development programmes and structural funds.
• Programmes, as well as the assessment of their effectiveness and report on
their progress to the Ministry of Employment and of the Economy.
• The Ministry of Environment is in charge of spatial planning; it is
responsible for:
General development and guidance of land use planning and
building activities;
Promotion, steering and monitoring of regional planning;
Obligation to take action laid down for Member State in the
Construction Products Directive;
Drafting national land use objectives in collaboration with other
ministries, regional councils and other relevant authorities.
• National land use objectives are decided by the Government.
92
Land Use and Building Act 132/1999, with amendment 222/2003
257
Regional level
Regional Council competences93 94
• General regional policy planning and programmes;
• General regional development, in cooperation with State authorities;
• Drawing up and approving a regional plan and a regional strategic
programme;
• Drawing up an annual regional strategic programme implementation plan
based on the regional strategic programme;
• Participation in strategic planning and steering of State regional
authorities;
• Drawing up of proposals for the Region regarding Structural Funds
programmes;
• Five regional European Regional Development Fund (ERDF)
programmes (Southern Finland, Eastern Finland, Western Finland,
Northern Finland) during the 2007-2013 period.
• Promote cooperation with the Centres for Economic Development,
Transport and the Environment, as well as with other relevant actors to
regional development;
• Cooperation with local governments;
• Regional land use planning.
Centres for Economic Development, Transport and the Environment
• Control municipal planning and construction within their respective
regions.
93
94
258
• Land planning;
• Own structural fund strategy, which is part of the Finnish structural fund
strategy, and European Social Fund (ESF) and ERDF programmes related
to its implementation.
Local level
Municipality competences96 97
• Land use planning, building guidance and control within their territories;
• Adoption of local master plan (to provide general guidance regarding the
community structure and land use of a municipality; to guide land use and
building in a specified area);
• Municipalities may cooperate in drawing up the local master plan (joint
master plan);
• Construction and maintenance of local infrastructure and the municipal
environment, including streets, energy management, water and
wastewater management, and harbours;
• Promotion of local business and employment.
95
of Finnish Local and Regional Authorities, 2007.
97
96
259
Central level
State competences98 99 100
• The Ministry of Environment is in charge of:

The general steering, surveillance and development;
Defining environmental policies;
Setting up administrative controls;
Drafting national strategic plans;
Setting targets for environmental protection;
Drafting and developing environmental legislation;
Overseeing international cooperation;
Overall guidance and supervision of nature and landscape
conservation;
Drafting a nature conservation programme.
• The Finnish Environment Institute acts is in charge of:

Producing and compiling environmental data;
Developing new ways to protect water, the air and the soil;
Improving waste management and the supervision of chemicals;
Providing experts for participation in the drafting of environmental
legislation;
Monitoring the State of environment.
Regional level
• Regional extensive
environment.
plans
regarding
natural
resources
and
• Permits for larger and medium-sized industrial plants;
• Permits issued under the Water Act;
98
Environmental Protection Act of 4 February 2000 (86/2000; amendments up to 647/2011 included)
Ministry of Environment portal, Environmental protection
100
Nature Conservation Act No. 1096/1996 of 20.12.1996 as amended
101
99
260
the
• Processing environmental permits for waste processing facilities;
• Restoring permits for contaminated sites.
Centre for Economic Development, Transport and the Environment (State
authorities)102 103
• Implementation of environmental protection measures;
• Ensuring that environmental legislation is observed in their respective
areas;
• Monitoring the State of environment within their areas;
• Promoting and supervising nature and landscape conservation within their
areas.
• Environmental and nature protection;
• Recreational use of nature;
• Water law.
Local level
Municipality responsibilities105 106 107
•
•
•
•
Promotion and supervision of environmental protection on a local scale;
Issuance of environmental permits needed by smaller plants and facilities;
Monitoring the State of environment according to local conditions;
Promoting and supervising nature and landscape conservation within their
areas.
102
104
105
106
107
103
261
l. Energy policy
Central level
State competences
• Overall policy;
• Adoption of the National Climate and Energy Strategy;
• Adoption of supplementary programmes.
Regional level
• Regional extensive
environment.
plans
regarding
natural
resources
and
the
• Permits for larger and medium-sized industrial plants.
• Resources management;
• Central authorities have legislative competence in the field of:110
Nuclear energy, nevertheless, the consent of the Åland Government
is required for the construction, possession and operation of a
nuclear power plant and the handling and stockpiling of materials in
Åland.
108
110
Section 27
109
262
Local level
Municipality competences111 112 113
•
•
•
•
Energy management;
Distribution of electricity and district heating;
Issuance of environmental permits needed by smaller plants and facilities;
The biggest Municipalities have their own energy production companies.
111
of Finnish Local and Regional Authorities, 2007.
112
113
AFLRA portal, Good living environment
263
LRAs
Central level
State competences
The Ministry of Agriculture and forestry steers the agriculture policy:
•
•
•
•
Preparation of legislation;
Financing of support measures;
Monitoring and control related to their implementation;
Steering and support of research and advisory services.
Regional level
authorities)114
• Developing the agriculture and rural industries.
Åland competences
• Farming and forestry;
• Regulation of agricultural productions (after consultation of the State
officials);
• Maintenance of the productive capacity of the farmlands, forests;
• Central authorities have legislative powers with regard to the prices of
agricultural products and the promotion of the agricultural products
export115.
114
Centres for Economic Development, Transport and the Environment portal, Internet ELY-keskus / EN / Front
page / Business and industry, the labour force, competence and cultural activities
115
Section 27
264
Local level
---
265
b. Fisheries policy
Central level
State competences
The Ministry of Agriculture and forestry steers the fisheries policy in
accordance with EU law:
•
•
•
•
Preparation of legislation;
Financing of support measures;
Monitoring and control related to their implementation;
Steering and support of research and advisory services.
Regional level
authorities) 116 117
• Guidance and supervision of the activities of the fishing regions;
• Tasks related to the fisheries management;
• Promotion of fishing
•
•
•
•
•
Fishing;
Registration of fishing vessels;
Regulation of the fishing industry;
Maintenance of the productive capacity of the fishing waters;
Central authorities have legislative power with regard to the fishing
industry products’ prices119.
Local level
--116
Centres for Economic Development, Transport and the Environment portal, Internet ELY-keskus / EN / Front
page / Business and industry, the labour force, competence and cultural activities
117
Fishing act No. 286/1982, amendments up to 154/2003
118
119
Section 27
266
Central level
State competences120121
The Ministry of the Interior is in charge of the immigration policy:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Formulating Finland’s migration policy;
Drafting legislation on migration and citizenship;
Representation of Finland in migration matters at the EU and international
levels;
Guiding and developing the migration administration;
Responsible for the performance guidance of the Finnish Immigration
Service;
Promotion of legal immigration;
Fight against illegal immigration;
International protection;
General development, planning, steering, monitoring and coordination of
the integration of immigrants;
General development, planning, steering, monitoring and coordination of
asylum seekers and beneficiaries of temporary protection;
Reception of asylum seekers;
Preparedness for a mass influx;
Extradition of offenders between Finland and other Nordic countries;
Return of foreign nationals;
Coordination of anti-human trafficking efforts in the Ministry’s
administrative sector;
Citizenship matters;
Border control, border checks and maritime search and rescue services.
The Finnish Immigration Service is responsible for:
•
•
•
•
•
120
121
Matters relating to foreigners’ entry into, residence in and removal from
the country;
Refugee status and citizenship;
Practical guidance and planning of the reception of asylum seekers and
beneficiaries of temporary protection;
Practical guidance and supervision of the detention unit;
Provision of assistance to victims of trafficking;
Act on the Integration of Immigrants 2010/1386
Aliens Act (301/2004, amendments up to 1152/2010 included)
267
The Ministry for Foreign Affairs is responsible for visa policy.
The Ministry of Employment and the Economy is responsible for the integration
of immigrants.
The Ministry of Education is in charge of immigrants’ education and training.
The Ministry of Social Affairs and Health is in charge of social and health care
services and support to immigrants.
Regional level
authorities)122
•
•
•
•
•
•
122
Issuing regional guidelines concerning work permits for foreign
workforce
Regional coordination of the integration of immigrants, the reception of
asylum seekers, the planning, guidance and monitoring of reception of
beneficiaries of temporary protection;
Planning, guidance and supervision of measures and services promoting
and supporting the integration of immigrants and ensure that the needs of
immigrants are taken into account in planning and organising services and
measures within their sphere of competence;
Providing guidance and advice for immigrants who establish businesses;
Promoting ethnic equality and non-discrimination, and
Providing information on the European Refugee Fund (ERF).
Act on the Integration of Immigrants 2010/1386
268
Åland competences
•
Central authorities have legislative powers with regard to123:
The right of foreigners and foreign corporations to own and possess
real property, shares of stock and to practice a trade;
Citizenship, legislation on aliens, passports.
Local level
•
•
•
General and coordinating responsibility for developing, planning and
monitoring the integration of immigrants;
Measures and services promoting and supporting the integration of
immigrants;
Cooperation with the respective employment offices in integration efforts
and provision of information about services by employment offices and
other service providers.
123
Section 27
Act on the Integration of Immigrants and Reception of Asylum Seekers (493/1999; amendments up to
324/2009 included)
125
Aliens Act (301/2004, amendments up to 1152/2010 included)
124
269
d. Tourism policy
Central level
State competences
• The Ministry of Employment and the Economy is responsible for:

Defining tourism policy priorities;
The general development of tourism;
Coordinating support measures of tourism;
Grants internationalisation support for wide-ranging tourism import
projects implemented through the cooperation of at least four
enterprises;
• The Finnish Tourist Board is in charge of promoting Finland
internationally as tourist destination;
• Tourism and Leisure Services programme (provide financing services for
enterprises and research institutes);
• The Ministry of Agriculture and Forestry develops rural tourism and
promotes rural, village and nature tourism based on small enterprises and
networked cooperation.
Regional level
• Granting support for tourism development projects, general marketing,
advisory services, training and research purposes.
authorities)
• Granting support to enterprises;
• Advisory services for tourism enterprises;
• Addressing matters related to the local infrastructure.
270
Åland competences
• Overall tourism policy in Åland.
Local level
---
271
Central level
State competences
•
•
•
•
Directing and steering rescue services;
Maintaining supervision of rescue services’ coverage and quality;
Preparedness and organisation of rescue services at national level;
Coordinating the activities of various ministries and sectors in the field of
rescue services and their development;
• Emergency services college;
• Emergency response centre administration;
• Fire protection fund.
The Department for Rescue Services of the Ministry of the Interior is
responsible for:
• Performance guidance, preparedness, organisations and overall regional
planning;
• Control, alarm, telecommunications and other information systems,
equipment and material;
• Training, information, awareness raising, and research;
• Statistics;
• Voluntary organisations, the fire protection fund, and the emergency
services college;
• Fire and accident prevention;
• Constructional civil defence;
• International assistance;
• Contingency planning;
• Corporate governance of the State security networks ltd. and special
oversight of Finland’s public authority network;
• Lifesaving medals;
• Finnish Red Cross badges of merit.
The Government decides on the division of the country into rescue service
regions.
272
The Emergency Services College is a national vocational training institute
operating under the Ministry of the Interior and providing education and
training.
Regional level
--Regional State Administrative Agencies (State authorities) 126 127
• Fire and rescue services;
• Coordination of preparedness in their regions;
• Maintaining supervision of rescue services, their coverage and their
quality within their area of operation;
• Coordination of contingency planning;
• Organisation of regional National Defence Courses;
• Supporting contingency planning in Municipalities;
• Organisation of preparedness exercises;
• Promotion of security planning in local and regional administrations;
• Supporting the Ministry of the Interior.
• Fire fighting;
• Rescue services.
Local level
• Municipalities are jointly responsible for rescue services in rescue service
regions (22 regional rescue services);
• The Municipalities of the same rescue service region must agree on the
organisation of rescue services.
126
Rescue Act No. 379/2011
Ministry of the Interior portal
128
127
273
9. France
France is a republican State and a parliamentary democracy, often qualified
as semi-presidential. The Parliament is bicameral and is made up of the
National Assembly (Assemblée nationale) and the Senate (Sénat). The latter
indirectly represents the sub-national authorities’ interests to the extent that the
Senate is indirectly elected by an electoral body comprising representatives of
the Regions, the Departments and the Communes. A “rationalised parliamentary
regime” (parlementarisme rationalisé) was established by the 1958
Constitution, in favour of the Government. However, a constitutional reform
occurred in 2008 in order to rebalance the relationship between the Parliament
and the Government, in favour of the former. France is characterised by a
flexible separation of powers, i.e. the Government is politically responsible
before the Parliament and can, in turn, dissolve the National Assembly.
France is a unitary State organised on a decentralised basis under the 1958
Constitution. France used to be a highly centralised country, with two tiers of
local government: the Departments (Départements) and the Municipalities
(Communes). Regions (Régions) came into existence in 1972 by means of law.
More importantly, the so-called ‘Deferre Acts’ of 1982 and 1983 initiated the
decentralisation process. The State’s supervisory powers over the local
authorities’ activities were abolished. The Regions were turned into territorial
authorities run by directly elected assemblies. The departmental and regional
executive powers were also transferred to the presidents of their respective
councils. Decentralisation was further developed with the 2003 constitutional
reform by which the status of the Regions was constitutionally recognised and
France became a unitary and decentralised state.
The reform enshrines the local authorities’ financial autonomy and authorises
local referenda. In 2004, the Departments and Regions were attributed some
new competences. Finally, an important reform was adopted in 2010, which will
considerably change the territorial organisation of the country in the
forthcoming years.
There are three sub-levels of governance in France: the Regions (Régions), the
Departments (Départements) and the Municipalities (Communes). They are
not bestowed with legislative powers. They exercise their functions by means of
regulations for some fields and through the execution of their budget.
There are 27 French Regions, including the island of Corsica. The 5 overseas
Regions have more powers and broader competences than mainland Regions.
There are 102 Departments and 36,699 Municipalities. Paris, Lyon and
Marseille are further divided into arrondissements.
275
The islands of Guadeloupe, Réunion and Mayotte are considered both as
overseas Departments and Regions with their respective institutions. French
Guiana and Martinique have the status of ‘unique collectivity’, thus uniting the
departmental and regional institutions.
The overseas governments of French Polynesia, Saint-Barthélémy, Saint-Martin,
Saint-Pierre-et-Miquelon (involved in Department’s representation), the Islands
of Wallis and Futuna, as well as the French Southern and Antarctic Territories
and Clipperton have a specific autonomous status. New-Caledonia is a sui
generis collectivity; with its own institutions and citizenship.
Martinique, Guadeloupe, French Guiana, Reunion and Saint Martin have the
status of outermost regions at the EU level. Saint Barthélémy (since 1 January
2012), French Polynesia, the French Southern and Antarctic Territories, SaintPierre-et-Miquelon, the islands of Wallis and Futuna and New Caledonia have
the status of overseas countries and territories at the EU level. Mayotte has the
status of overseas country and territory at the EU level but expressed the wish to
access Department status in 2014.
The principle of freedom of administration by local authorities is explicitly
enshrined in the Constitution129, and is completed by the principle of financial
autonomy of the local, intermediate and regional authorities. Local,
intermediate and regional authorities (LRAs) have general competence for the
exercise of their functions. As a result, shared competences are the rule. There
is no hierarchy between regional, intermediate and local government.
Local authorities may carry out “local experiments”. These are legal
authorisations provided to a local authority in order to implement public policies
that normally do not belong to its legal attributions, on an experimental basis,
and on a specific territory and period of time. If the experiment is positively
evaluated, the delegation of this competence to all of the authorities at the same
level is tested.130
Besides the Constitution of 1958, the General Code on Local Authorities
(Code général des collectivités territoriales) describes the competences
attributed to the Regions, Departments and Municipalities. The distribution of
competences among the different levels of governance is further described in
numerous other laws.
In 2005, sub-national governments’ revenues were derived from taxation
(own-source and shared), grants, fees, asset management and extraordinary
129
Article 72
Loi organique n° 2003-704 du 1 août 2003 relative à l'expérimentation par les collectivités territoriales
[Organic Law No. 2003-704 on local experiment of 1 August 2003]
130
276
revenue. The Municipalities’ revenue was composed of 52% of autonomous
taxation, 31.5% of grants and 16.5% of others. The Departments’ revenue was
composed of about 51.6% of autonomous taxation, 11.6 % of shared tax, 28.2%
of grants and 8.6% of others. The Regions’ revenue was composed of about
34.5% of autonomous taxation, 3.7 % of shared tax, 55.9% of grants and 6% of
others.131
The latest reform (2010) brings important changes to the existing territorial
administration and division of powers. LRAs will be organised around two main
centres: a regional/departmental axis and a municipal/inter-municipal axis.
Starting from 2014, the same elected representatives will belong to both the
regional and general councils, in order to ensure coherence and complementarity
between the regional and departmental levels. As of October 2012, the French
government announced the launch of a procedure to reform the current system
of territorial administration.
Besides, the division of competences will change in 2015. The Departments
and the Regions will be attributed some exclusive competences; shared
competences will become the exception (sport, culture, tourism). In case a
competence has not been attributed to any authority, the Departments and the
Regions will be allowed to intervene. As regards the Municipalities, they will
keep their general competence for local matters.
131
277
Central level
The central Government is responsible for defining and implementing the
nation’s policy. It has the civil service and the armed forces at its disposal for
that purpose.
There is also a local civil service.
The central Government has exclusive responsibility in all matters relating to
national sovereignty (defence, foreign affairs, justice and security).
The Parliament alone has the power to pass laws and the Government makes
general regulations.
Regional Level
• Regional transport, including regional transport plans, civil airports, nonautonomous harbours;
• Education, in particular high schools;
• Vocational training and apprenticeship;
• Culture, including cultural heritage and monuments, museums, archives,
artistic vocational training;
• Regional planning;
• Economic development;
• Environment, and
• Scientific development
Intermediate Level
Responsibilities of Departments
• Departmental transport, including school transport, interurban transports,
passenger transport, roads, commercial and fisheries ports, civil airports,
non-autonomous harbours and railways;
• Inclusion and social welfare (in charge of all of social aid);
• Education, in particular ordinary secondary schools;
• Vocational training, in the field of music, dance and drama;
• Culture, including archives, museums, libraries, artistic training;
278
•
•
•
•
•
Public health, including sanitary protection, vaccination;
Planning, including aid programme, in cooperation with the Regions;
Economic development (complementary to that of the Region);
Environment, in particular protection waste and water plans, and
Rural development and agriculture aid.
Municipal Level
Responsibilities of Municipalities
The mayor, as a representative of the State, has competence in the field of:
•
•
•
•
•
•
•
Registry;
Electoral issues;
Social welfare (complementary action to that of the Departments);
Education, including primary schools and pre-school classes;
Local roads;
Town planning, and
Protection of public order
The Municipalities, as decentralised authorities, have competence in the field of:
• Municipal transport, including school transport, yacht harbours, civil
airports, non-autonomous harbours;
• Culture, including teaching schools, archives, museums, academies,
libraries;
• Public health (vaccination);
• Economic development (complementary to that of the Region);
• Environment, specifically water and waste, and
• Housing.
279
Representation: The Association of French Regions (ARF), the Assembly of
French Departments (ADF) and the Association of French Mayors (AMF)
act as representatives of their respective level of government vis-à-vis the other
authorities: national and European.
provided to the local, intermediate and regional authorities (LIRAs) to the extent
that information is published on the Parliament’s website.
Institutional consultation procedures are established by means of law. They
generally concern financial matters and affairs having a local/regional impact.
Nevertheless, the opinions provided are merely consultative. 132
Sometimes, the central Government also informally consults the associations of
LIRAs (ARF, ADF and AMF) on any project relating to them133. In particular,
the representatives from ARF, ADF and AMF are sometimes consulted by the
central Government via the National Conference of the Executives (Conférence
nationale des exécutifs – CNE) and through the Conference of Local Finances
(Conférence des finances locales) which are convened at the Government’s
discretion.
Coordination:
The Minister of the Interior is in charge of regional and local affairs. Its
General Directorate for LIRAs (Direction générale des collectivités
territoriales, DGCL, Ministère de l’Intérieur) coordinates the preparation and
monitoring of contractual procedures between the State and LRAs, such as
State-Regions Contracts (Contrats Etats-Régions) by which the State and the
Regions define common policies.
Prefects act as focal points in the relationship between the State, the Regions,
the Departments and the Municipalities. The central Government appoints
Prefects (préfets) in each Department in charge of supervising local authorities
as well as ensuring that they respect the national interest and comply with the
law. The regional Prefect – the Prefect of the Department where the regional
capital is established – is in charge of the regional devolved services of the
State; (s)he disseminates the government’s policies; (s)he controls the legality
132
States’, 2007, pp. 71-76.
133
States’, 2007, pp. 71-76.
280
and the respect for budgetary rules with regard to regional acts; (s)he chairs the
committee on regional administration (comité de l’administration régionale)
which brings together the prefects of the Departments and the head of the
devolved regional services of the State; (s)he prepares the policies on economic
and social development as well as on planning.
The Local Finance Committee (Comité des finances locales: CFL) defends
local, intermediate and regional financial interests and is in charge of
harmonising central, regional, intermediate and local opinions in this matter.
Horizontal coordination exists at all levels of governance and is ensured
through ARF, ADF and AMF.
The central, regional, intermediate and local authorities also coordinate during
the EU decision-making process: The General Secretariat for European
Affairs (Secrétariat général aux affaires européennes – SGAE) prepares the
French positions on EU draft acts. The SGAE can bring together the members of
the associations of local, intermediate and regional representatives in charge of
European Affairs on a regular basis.
The CoR delegation is composed of twelve representatives from the Regions,
six from the Departments and six from the Municipalities.
Most Regions have liaison offices in Brussels (Alsace, Aquitaine,
Auvergne/Centre/Limousin, Basse-Normandie, Bourgogne - Franche Comté
Europe, Bretagne, Bretagne/Pays de la Loire/Poitou-Charentes, Corse, HauteNormandie, Ile-de-France, Languedoc Roussillon, Lorraine - ChampagneArdenne, Midi-Pyrénées, Nord-Pas-de-Calais, Picardie, Provence-Alpes-Côte
d'Azur (P.A.C.A.) and Rhône-Alpes).
Moreover, the European House of French Local Authorities (Maison
européenne des pouvoirs locaux français), which brings together the national
associations of intermediate and local authorities (ADF, AMF, Association of
Mayors of French large cities - Association des Maires de Grandes Villes de
France (AMGVF), Federation of medium-sized cities - Fédération des villes
moyennes (FVM) and the Association of Mayors of small cities - Association
des Petites Villes de France (APVF)) acts as a representative of French local
authorities in Brussels and maintains contacts with the French national
Permanent Representation, the European Parliament, the European Commission,
and other European bodies.
281
Many Regions cooperate with other EU Regions, either on a bilateral basis
or through European associations of Regions. Regions cooperate with various
organisations such as the Council of European Municipalities and Regions
(CEMR) and the Assembly of European Regions (AER). ADF and French
Departments cooperate with other EU intermediate authorities, either on a
bilateral basis or through the European Confederation of Intermediate
Authorities (CEPLI).
ARF, ADF and AMF act as representatives of their respective level of
government vis-à-vis the European institutions and associations.
9.3 Subsidiarity
Both chambers of the national Parliament have established procedures of
subsidiarity scrutiny within the framework of the Early Warning System (EWS);
however they do not formally consult local, intermediate and regional
authorities134.
The Senate consults associations of local, intermediate and regional authorities
when relevant. Representatives holding a double mandate may also participate
personally in the EWS.135
Only informal channels of participation of the Regions in the EWS exist 136 .
They are the same as for the participation in the EU.
134
135
136
282
9.4 Bibliography
French Constitution of 4 October 1958.
Loi n° 82-213 du 2 mars 1982 relative aux droits et libertés des communes, des
départements et des régions [Act No. 82-213 on the rights and freedoms of local
and regional authorities of 2 March 1982]
Loi organique n° 2003-704 du 1 août 2003 relative à l'expérimentation par les
collectivités territoriales [Organic Law No. 2003-704 on local experiment of 1
August 2003]
Code de l’Education [Education Code]
Code de l’Environnement (Code of Environment)
Code du Patrimoine (Code of Heritage).
Code général des collectivités territoriales [General code of Local Authorities]
future version of 1 January 2015.
Public administration and government portal (vie-publique.fr):
Public administration and government portal, Quelle est la fonction d’un préfet?
Public administration and government portal, Quelles sont les compétences
d’une Commune?
Public Administration and Government Portal, Quels sont les domaines
d’intervention de la région ?
Public administration and government portal, Quels sont les pouvoirs du
Département?
Public Administration and Government Portal, Qu’est-ce qu’un préfet de
région?
National Institute of Statistics and Economic Studies (Insee)
Insee, Accueil/Définitions et méthodes/Définitions/Commune.
Insee, Accueil/Définitions et méthodes/Définitions/Département.
Insee, Accueil/Régions.
Ministry for Home Affairs, Overseas, Local Authorities and Immigration
Association of French Mayors portal, Présentation de l’AMF
Association of French Regions portal, Missions
European House of French Local Authorities portal, Presentation of the
European House of French Local Authorities
French permanent representation to the EU, Antenne des régions françaises à
Bruxelles
Ministry for Home Affairs, Overseas, Local Authorities and Immigration
Ministry for Home Affairs, Overseas, Local Authorities and Immigration,
Directorate-General for local and regional authorities, Les collectivités
territoriales/Missions des collectivités locales
283
Ministry for Home Affairs, Overseas, Local Authorities and Immigration, Guide
pratique sur la Loi de réforme des collectivités territoriales.
Ministry for Home Affairs, Overseas, Local Authorities and Immigration, La
réforme des collectivités territoriale – En quoi va-t-elle consister ?
Report on ‘Subsidiarity in the Multilevel Framework of the Lisbon Treaty’,
284
the CoR
a. Transport policy
Central level
• The elaboration and implementation of transport policy, in cooperation
with local authorities (decentralised and contractual planning);
• The regulation of standards;
• The development of information on the transportation system;
• Research aiming at facilitating the objectives of the transportation system;
• Urban transport planning (in cooperation with local authorities);
• The creation and management of public transportation (in cooperation
with local authorities), and
• National railways.
Regional level
• The elaboration of the regional scheme of infrastructure and transports (in
cooperation with the State);
• Regional transport plans (non-urban transport service, regional railways
except in Ile-de-France);
• Competences related to civil airports for the authorities that asked so
before July 2006, and
• The ownership, development, maintenance and management of nonautonomous harbours that come under the State, for the authorities that
requested this before July 2006.
285
Intermediate level
Departmental authorities are responsible for:
• Departmental transport, including school transport, passenger transport
between towns, departmental roads and most of the national roads,
departmental railway of local interest;
• The maintenance of commercial and fisheries ports;
• Competences related to civil airports for the authorities that asked so
Municipal level
•
•
•
•
•
School transport (if delegated);
Urban transport of passengers;
Local roads;
Yacht harbours;
Competences related to civil airports for the authorities that asked so
Sources
Code des Transports [Transportation Code] Articles L1211-1, L211-4, L121414, L2112-1, L1231-3, L3111-1, L3111-7.
286
Central level
• The definition and supervision of employment policy;
• Public employment service, and
• The professional integration of the youth.
Regional level
• Participation in the public employment service (together with the State);
• The definition and implementation of apprenticeship policy, and
• The professional integration of job seekers.
Intermediate level
• Participation in the public employment service (together with the State);
• The implementation of national programmes, and
• The employment side of inclusion policy (RSA- revenu de Solidarité
active).
Municipal level
• Participation in the public employment service (together with the State),
and
• Insertion.
Sources
Code du travail [Labour law Code], Articles L5311-3, L. 5322-2, L5322-2,
L5322-3, L5322-4, R5112-11
287
c.
Social policy
Central level
• Social aid for homeless people and people suffering from a lack of
autonomy;
• Medical aid for illegal immigrants under certain circumstances;
• Earned income supplement (revenu de solidarité active);
• Benefit for the elderly;
• Benefit for the disabled;
• Housing and vocational training fees for the disabled living in retraining
establishments;
• Functioning fees of working aid centres;
• Some social aid measures relating to housing and reintegration;
• Accommodation fees for foreigners living in asylum seekers’ centres, and
• Assistance to persons in danger of prostitution and medical-social aid to
prostitutes.
Regional level
--Intermediate level
• The coordination on the territory;
• Organising inclusion (social and employment) (Within “Territorial pacts
for inclusion”), and
• The definition and implementation of inclusion and social policy (without
encroaching on the State’s competences) including:
Aid for children;
Social aid for families;
Accommodation for the disabled and elderly;
Housing;
Judicial protection of youth;
Professional and social insertion.
288
Municipal level
•
•
•
•
Social welfare (complementary action to that of the Departments);
Child care;
Nursery, and
Retirement homes.
Sources
Code de l’action sociale et des familles [Code on social welfare and family
policy], Articles L121-1, and L121-6 to L121-10-1.
Code général des collectivités territoriales [General code of Local Authorities],
Articles L3214-1 to L3214-2 and L4211-1.
289
d. Education policy
Central level
• The organisation and functioning of public education service (in
coordination with local authorities);
• The definition of education pathways, national programmes, organisation
and content of tuitions;
• The definition and award of diplomas, ranks and titles;
• The employment and management of the personnel (including their
income);
• The repartition of funding so as to ensure equal access to the public
service;
• The control and evaluation of educational policies in order to ensure
consistency of the educational system, and
• Educational tuitions coming under the ministries for defence, justice and
foreign affairs.
Regional level
• The general planning of training;
• The creation, construction, maintenance and operation of high schools,
maritime vocational high schools, and establishments for special
education, and
• Participation in the universities’ funding (Plan université 2000).
Intermediate level
• The creation, construction, maintenance and operation of ordinary
secondary schools.
290
Municipal level
• The creation, construction, maintenance, and operation of primary
schools, and
• The creation, construction, maintenance, and operation of pre-school
classes.
Sources
Code de l’Education [Code of Education], Articles L211-1 to L211-8, L214-1 to
L214-16, L212-1 to L212-9, L213-1 to L213-10.
291
Central level
• Apprenticeships for French citizens living abroad;
• Where required, the adoption of objectives and means through contracts
with the objective of developing apprenticeship, and
• The funding of vocational training programmes.
Regional level
•
•
•
•
•
•
The general planning of vocational training and apprenticeships;
The definition of activities relating to vocational training;
The definition of activities fostering consistent vocational programmes;
Apprenticeship programmes;
The implementation of vocational training programmes, and
Where required, the adoption of objectives and means through contracts
with the objective of developing apprenticeship.
Intermediate level
• Consultation on regional plans for vocational training;
• Vocational training (departmental scheme of development of artistic
training in the field of music, dance and drama);
• Vocational training for people involved in an inclusion path.
Municipal level
--Sources
Code de l’Education [Code of Education] Articles L214-1, L214-12 to L214-16.
Articles L216-2, L4332-1.
292
f.
Youth and sport policy
Central level
Youth policy
•
•
•
•
The overall policy;
Education;
Public health, and
The protection of minors.
Sport policy
•
•
•
•
The overall conduct of sport policy;
The organisation or control of training leading to sporting professions;
The awarding of diplomas;
The participation in the training of sport teachers who work with the
disabled;
• The supervision and control over sport federations (in charge of the
organisation and promotion of their sport), and
• The signing of agreements with local authorities relating to competitive
examinations.
Regional level
Youth policy
•
•
•
•
Education;
Vocational training;
Providing support for research and higher education, and
Providing support for economic activity.
Sport policy
• The funding of sport facilities.
293
Intermediate level
Youth policy
• Education;
• Sanitary protection, and
• The protection of minors.
Sport policy
Municipal level
Youth policy
• Education and public health;
• The funding of reception facilities, including nurseries, child care,
recreation centres etc., and
• Insertion.
Sport policy
Sources
Code de l’Education [Code of Education]
Code du sport [Sport Code] , Articles L111-1 to L111-3, L113-1 to L113-3.
Ministry for Home affairs, Overseas, Local Authorities and Immigration,
Directorate-General for local authorities, Les collectivités territoriales/Missions
des collectivités locales
294
g. Culture policy
Central Level
•
•
•
•
•
•
•
•
•
•
The legal framework;
External cultural policy;
The protection of heritage of national relevance;
The listing of cultural heritage;
The protection of cultural goods;
Artistic tuition, including the classification of schools, control over the
activities and pedagogic functioning, competence in the field of higher
education and diploma award;
Libraries, including state libraries, national libraries, university libraries,
specialised libraries;
National museums;
National archives, and
Preventive archaeology (in coordination with local authorities).
Regional Level
•
•
•
•
The protection of cultural heritage and monuments;
The organisation and funding of regional museums;
The conservation and enhancing of regional archives, and
The organisation and funding of the initial years of artistic vocational
training.
Intermediate Level
•
•
•
•
•
The protection of cultural heritage and monuments;
Departmental archives;
Departmental museums;
Central lending library, and
The departmental scheme of development of artistic training in the field
of music, dance and drama.
295
Municipal Level
•
•
•
•
•
Artistic teaching schools;
Municipal archives;
Municipal museums;
Music academies, and
Lending libraries.
Sources
Code de l’Education [Code of Education], Article L216-2.
Code du Patrimoine [Code of Heritage]
Articles L4221-1, L216-2.
Culture and Communication Ministry portal
296
Central level
• General policy guidelines and objectives (following pluri-annual
objectives);
• The definition of health policy objectives, plans, actions and programmes;
• The evaluation of health policy;
• The regulation of financial and legal aspects related to the public health
insurance system;
• Health education and research, and
• Prevention.
Regional level
• The definition of specific regional objectives relating to public health and
implementation of the corresponding regional actions;
• Regional health agencies (definition and implementation of regional and
sub-regional programmes and activities);
• The participation in the funding and building of sanitary facilities, on an
experimental basis, and
• Vaccination, fighting against tuberculosis, leprosy, HIV and sexually
transmitted diseases (in cooperation with the State) on a voluntary basis.
Intermediate level
• Sanitary protection for families and children;
• The participation in the implementation of health programmes (within the
frame of State/Department agreements), and
• Activities of vaccination, fighting against tuberculosis, leprosy, HIV and
sexually transmitted diseases (in cooperation with the State) on a
voluntary basis.
297
Municipal level
• Hygiene and health municipal services, and
• Vaccination, fighting against tuberculosis, leprosy, HIV and sexually
transmitted diseases (in cooperation with the State) on a voluntary basis.
Sources
Code de la Santé publique [Code of Public Health], Articles L1411-1 to L14188, L1422-1, L1423-1,
L1423-2, L1424-1, L1431-1 to L1431-4,
L21121 to L2112-10.
Code de la Sécurité sociale [Social security Code], Articles LO111-3 to LO11110-2.
Article L4221-1.
298
i.
Central level
• The drafting of planning policy after consultation of the local authorities,
and
• State-Region planning contracts.
Regional level
• The elaboration of the regional scheme on planning and territorial
development (SRDDAT), and
• State-Region planning contracts.
Intermediate level
• Rural equipment aid programme;
• Associated State-Region planning contracts, and
• The planning, maintenance and use of water resources.
Municipal level
• Regional planning (joint municipal boundary initiatives), and
• Town planning, including the preparation of territorial consistency
schemes, local town planning issue of building permits and other
authorisations concerning occupation of the land.
Sources
Code général des collectivités territoriales [General code of Local
Authorities], Articles L3232-1 to L3232-1-1, L4221-3, L4221-1.
Ministry for Home affairs, Overseas, Local Authorities and Immigration,
Directorate-General for local authorities, Les collectivités territoriales/Missions
des collectivités locales
299
j.
Economic, social and territorial cohesion policy
Central level
The central government has overall responsibility in economic and social
development. Responsibilities include:
• The coordination, implementation and monitoring (Inter-ministerial
delegation on planning, territorial competitiveness, and regional action Délégation interministérielle à l'aménagement et à la compétitivité du
territoire et à l'action régionale), and
• Financial management (General Directorate on local authorities Direction générale des collectivités locales).
• ESF Mission of the Ministry of social affairs, employment and solidarity
(Ministère des Affaires sociales, du travail et de la solidarité) in charge of
coordination.
Regional level
• The development and implementation of regional development plans;
• Spatial planning, including the development and definition of regional
plans;
• State/Region project contracts focusing on territorial competitiveness,
attractiveness and social cohesion;
• Economic development:
Economic aids: direct aid in accordance with the EU rules, indirect aid
for companies, and
Stake-holding in regional development and regional financing
companies.
• Scientific development.
300
Management of EU funds:
Regional prefects coordinate with local, intermediate and regional authorities
for:
• The selection of dossiers;
• Distribution of funds, and
• Monitoring.
Regional committees work in conjunction with the regional prefects regarding:
• The selection of dossiers:
• The distribution of funds, and
• Monitoring.
Intermediate level
Social and territorial cohesion:
• Complementary local initiatives supporting economic development (direct
economic aid, indirect aid for companies, including loans and other
guarantees);
• The participation in regional spatial planning;
• The implementation of departmental development policies and spatial
planning, and
• Agenda 21 development.
Management of EU funds:
Regional prefects coordinate with local, intermediate and regional authorities
for:
• The distribution of funds, and
301
• Monitoring.
Regional committees work in conjunction with the regional prefects regarding:
• The distribution of funds;
• Monitoring.
Departments also directly manage ESF on the inclusion side (subventions
globales).
Municipal level
• Direct economic aid complementary to that of the Region, and
• Indirect aid for companies, including loans and other guarantees.
Sources
Article L4221-1, L4253-5, L4211-1.12, L3231-1 to L3231-3-1, and L2251-1 to
L2251-4.
European Social Funds in France portal, Les comités régionaux de
programmation
European Funds in France portal, Qui sommes-nous?
Toute l’Europe, Aide au développement des régions/Le fonds européen de
développement régional, FEDER
302
Central level
• Orientation of research service provision and information (Environment
and Energy Agency) in the following fields:

Prevention and fight against air pollution;
Waste management;
Energy saving and renewable energy development;
Clean technology development;
Fight against noise pollution;
Coordination with water agencies for common interest matters, and
Work in coordination with regional delegations.
Regional level
• Providing their opinion on the definition of the national sustainable
development policy (consultation);
• State/Regions project contracts focusing on sustainable development;
• Regional air quality plan;
• The listing of regional protected landscapes and natural monuments;
• The definition of medium-term goals relating to sustainable development
at the regional level, and
• Regional natural parks.
303
Intermediate level
• Providing their opinion on the definition of the national sustainable
development policy (consultation);
• The listing of landscapes and natural monuments;
• The prevention of major natural risks;
• Own initiatives dealing with cross-sector aspects;
• Waste disposal plan;
• The protection of sensitive natural areas, and
• Water plan.
Municipal level
•
•
•
•
Water treatment;
The supply of drinking water;
The collection and processing of household waste, and
Thermal renovation of public buildings.
Sources
Code de l’Environnement [Environment Code], Articles L222-1 to L222-3,
L131-3., L333-1 to L333-3, Articles L222-1 à L222-3), L414-8, L414-11, R13116 to R131-20, R341-16 to R341-25, and R565-5.
Website of the Assembly of Departments of France, Les missions des
départements
304
l.
Energy
Central level
•
•
•
•
•
•
The assessment of the needs and planning of energy capacities;
The follow-up of energy policy implementation;
Safeguard measures in case of crisis;
The organisation of research, and
The Energy Regulation Agency.
Regional level
• Electricity and gas distribution, and
• Voluntary policies for renewable energy development.
Municipal level
• Electricity and gas distribution.
Sources
Code de l’Energie [Energy Code], Articles L131-1 to L131-3, L141-1 to L1441, and L111-51.
Article L2224-31.
305
LRAs
a. Agriculture
Central level
• The overall legislation (in accordance with EU law)
Regional level
--Municipal level
--Sources
Code rural et de la pêche maritime [Rural and Fisheries Code]
306
b. Fisheries
Central level
• The overall legislation (in accordance with the principles and rules of the
common fisheries policy and international obligations).
Regional level
• The maintenance of commercial and fishery ports.
Municipal level
• The management and use of yacht and fishery harbours which were
transferred to the Municipalities.
Sources
Code rural et de la pêche maritime [Rural and Fisheries Code]
307
Central level
• The overall legislation, including the definition and implementation of
immigration and asylum policy.
Regional level
The prefect (devolved authority) is responsible for:
• Issuing permits to enter the territory within the frame of family
reunification.
Municipal level
--Sources
Code de l’Entrée et du Séjour des Etrangers et du Droit d’Asile [Immigration
and asylum code] Article R421-20.
308
d. Tourism
Central level
• The definition and implementation of tourism policy;
• The definition and management of promotion operations (in cooperation
with the local authorities and the relevant stakeholders);
• The definition and implementation of international cooperation relating to
tourism;
• The coordination of tourism-related public and private initiatives, and
• The coordination with local authorities.
Regional level
• The definition of medium-term objectives relating to regional tourism
development;
• The signing of agreements defining the actions executing the intended
objectives and their implementation terms;
• The collection, treatment and dissemination of data relating to regional
tourism activity;
• The coordination of public and private initiatives concerning tourism
development, promotion and information, and
• The promotion of regional tourism abroad.
Intermediate level
• The promotion and marketing of tourism offers, together with the local
partners;
• The definition of a departmental plan on tourism, taking into account
regional orientations, and
• The implementation of the departmental tourism policy.
309
Municipal level
• Tourism offices, including the reception and information to tourists, and
• Tourism promotion in coordination with regional and departmental
committees.
Sources
Code du tourisme (Tourism Code), Article L121-1, L131-1 to L131-5, L132-1,
L132-2, L133-3
310
e. Civil protection
Central level
• The overall legislation, and
• The planning and management of crisis and incidents taking place both in
France and abroad.
Regional level
• The implementation of national policy by the Prefect, and
• Fire brigades employed at departmental level.
Municipal level
• Fire brigades, which may be posted to the municipal level.
Sources
Article L1424-9.
Ministry for Home Affairs, Overseas, Local Authorities and
Immigration, Accueil/Le Ministère/Sécurité civile
311
10. Germany
As stated in Article 20(1) of the German Basic Law (BL), Germany is a federal
state. Federal laws are made in a cooperation process between the Bundestag
and the Bundesrat. The Bundestag is directly elected by universal suffrage and
has a mixed proportional system where some of the members of the Bundestag
are elected by plurality system and others by proportional representation from
party lists for the Bundestag. The Bundesrat is composed out of representatives
of the different Länder governments. The number of representatives of a Land in
the Bundesrat is in relation to the number of inhabitants of that Land; it ranges
from 3 to 6 votes per Land adding up to a total of 69 votes in the Bundesrat.
Both chambers can initiate new legislation. According Article 77 BL, "consent
bills" (i.e. bills amending the constitution or impinging in a particular manner on
the finances of the Länder or on their organisational and administrative
jurisdiction) can only come into being if the Bundesrat and Bundestag are in
agreement. As the underlying assumption in the BL is that bills generally do not
require Bundesrat consent, all "consent bills" must clearly be stipulated in the
BL. By consequence, all the other bills are "objection bills" where the Bundesrat
may table an objection which can be overturned by the Bundestag.
The Länder are guaranteed their own constitutions and the municipalities have
self-governance within the limits of the laws. There are 16 Länder, 295 Kreise
(intermediary level) and 11.252 Gemeinden (local level). Cities with more than
100.000 inhabitants have both county and municipal responsibilities. Yet it
should be noted that there are a few cities, called kreisfreie Städte, with less then
100.000 inhabitants which enjoy a similar status. Those cities attain their status
based upon the Land’s allocation of institutional and administrative
responsibilities. In terms of constitutional law, the municipalities and counties
are regarded as institutionally belonging to the organisational body of the
Länder. In practical and functional terms, however, the municipalities constitute
a “third” layer and level where the bulk of public tasks (including most of the
pertinent legislation) are carried out. Local authorities enjoy a constitutional
guarantee of local self administration which implies the right "to attend all
matters relevant to the local community in their own responsibility within the
framework of the existing legislation (Article 28 Basic Law).
The BL specifies the relationship between the federal level (Bund) and the
Länder. Following Article 30 BL, the exercise of state powers and the discharge
of state functions is a matter for the Länder, except as otherwise provided or
permitted by the BL. As far as legislative powers are concerned, the Länder
have the right to legislate insofar as the BL does not confer legislative power on
the Federation (Article 70). Thus, the BL defines the Länder as the location of
313
residual legislative power. The matters under exclusive Federal legislative
power are listed in Article 73 BL; on those matters, the Länder may only
legislate when they are explicitly authorised by federal law to do so. Article 74
BL identifies the subjects which fall under the concurrent legislative
competence. According to Article 72 BL concurrent powers are those under
which "the Länder shall have power to legislate so long as and to the extent that
the Federation has not exercised its legislative power by enacting a law." All
Länder, notwithstanding their differences in size, enjoy the same degree of
legislative power under the BL.
The bulk of legislation is enacted at the federal level, but in the entire field of
administrative functions, the Länder are clearly the predominant bodies, while
federal administrative powers, defined in Arts. 87-90 BL are classed as
exceptions to that rule. The administrative role of the Länder is defined in Art.
83 of the Basic Law, which confers upon them both the right and the duty to
‘execute federal statutes as matters of their own concern in so far as this Basic
Law does not otherwise provide or permit'. Articles 84 and 85 BL differentiate
in this field between administrative functions to be performed by the Länder ‘as
matters of their own concern’ (under general administrative rules requiring the
Bundesrat's consent and subject to federal supervision relating to legal standards
only), and other matters in which ‘the Länder execute federal statutes as agents
of the Federation’ (subjecting them ‘to the instructions of the appropriate highest
federal authorities’ and to federal supervision dealing also with the
‘appropriateness of execution’).
In 2006, Germany embarked on a major reform of its Basic Law with regards to
the relationship between the federal level and the Länder. The goal was to
strengthen the legislation by making a clearer distinction of the competences,
limiting the scope of consent by the Bundesrat, financial and budgetary reforms,
and strengthening the role of the Länder in European legislation.
The system of concurrent powers changed, following the purpose of a
disentanglement of competencies. Changes concern both the catalogue as such
and the system of concurrency. Several issues in Article 74 (1) BL have been
removed and transferred either to the Länder or to the exclusive federal
legislative power with the result that there are now 31 areas in the field of
concurrent legislation:
Punishment for crimes, regulation of the notary publics, as well as regulation of
assembly, regulation of nursing, homes and homes for the elderly and disabled
were removed from the catalogue and transferred to the Länder; weapons and
explosives and the care of those injured or affected by war were added to the
exclusive federal powers. The concurrent powers of Article 74a BL dealing with
314
salaries and benefits of all public employees were deleted. While “salaries and
benefits of all public employees” are now within the competence of the Länder,
“provisions concerning the status and duties of civil servants of the Länder, local
governments, and other public corporations including judges” were added to the
concurrent powers (Article 74 (1) BL). The most important change incurred by
the reform is that the Länder were granted the right to deviate from federal
legislation (Article 72 (3) BL)) in six fields (including the admission to higher
education, environmental protection). This opting-out procedure is an absolute
novelty in the German federal system. Due to the difficulties of power
delineation and the necessity requirement described above, the framework
power of Article 75 BL was completely abolished.
Apart from the question of how to divide up payments resulting from European
Union sanctions for national budget deficits, one important issue was a
clarification and strengthening of the role of the Länder in EU legislation
according to Article 23 BL. In the areas of exclusive Länder powers such as
schools, culture, and broadcasting the Länder will appoint an EU representative
through the Bundesrat.
The main improvement that has been accomplished in this field are new
paragraphs added to Articles 84 and 85 BL, replacing the veto power of the
Bundesrat by a right to derogate in case the Federation wants to set up its own
administrative authorities implementing federal legislation. In other areas the
Länder can appoint a representative only after consultation with the federal
government. The attempt to reduce the number of consent laws and thus the veto
power of the Bundesrat has only partially been successful. In some case veto
rights have even been added or extended.
In 2009, there was a second stage of reforms, which did not as much readjust the
responsibilities between the Länder and the Bund, but addressed the system of
intergovernmental finances. Finally, according to Article 84(1) BL it is no
longer possible for the federal level to entrust any tasks onto the municipalities.
The distribution of taxation competences is laid down in Article 104 ff. BL. The
Länder collect the vast majority of the taxes in Germany. They have ownresource taxes which is about 26,1 billion Euro in 2005 which is about 16% of
their tax revenue and 11% of their total revenue. The main taxes are the vehicle
tax (about 8,7 billion Euro), the land purchase tax (about 4,8 billion Euro) and
the inheritance tax (about 4,1 Billion Euro). The shared tax revenue of the
Länder is about 60% of their total revenue and includes the VAT (44,8% which
is about 62,6 Billion Euro), the personal income tax (42,5% which is about 54,7
Billion Euro) and the corporate income tax. The local government revenue is
about 83% collected by the municipalities. They have as own resource taxes the
315
local business tax, property tax and other local taxes. This amounts to a total of
about 33.1 billion Euros which is about 61% of their tax receipts. Regarding the
mixed tax income, they have personal income tax, VAT and the tax on
interest.137
Federal Government
Legislative and administrative responsibilities of the Federation (Bund)
Exercises legislative authority solely in those areas assigned to it under the Basic
Law (Articles 70 and 73), inter alia in those areas which are the prerogative of a
sovereign State; foreign policy, defence, currency, etc.
According to Article 87 of the Basic Law, the exercise of executive powers by
the federal authorities is limited to a few areas such as foreign affairs.
Regional Government – Länder
Legislative and administrative responsibilities of the Länder (federal states)
• The exercise of state powers and the discharge of state functions is a matter for
the Länder, except as otherwise provided or permitted by the Basic Law; they
are thus responsible for implementing federal legislation.
• The Länder have the right to legislate in all areas which are not vested solely in
the Federation by the Basic Law.
• Federal and regional powers sometimes overlap in areas such as justice, social
welfare, civil law, criminal law, labour law and economic law.
• The Länder have their exclusive legislative powers with regard to culture,
education, universities, local authority matters and the police.
137
316
Intermediate level – Kreise and kreisfreie Städte
Administrative responsibilities of the district authorities
Complementary, "supra-municipal" powers, involving a type of mandatory
cooperation between local authorities.
Mandatory powers (under federal and Land legislation)
• Building and maintenance of secondary roads, public passenger transport, Car
registration, driving licences,
• Spatial planning at district authority level, construction affairs (building
permits, building inspection),
• Fire protection, disaster control service, rescue services,
• Nature and landscape protection, maintenance of nature parks
• Social welfare and youth welfare
• Building and maintenance of hospitals
• Building and maintenance of secondary schools and technical colleges
• Household waste collection and disposal,
• Food supervision, animal protection,
• Treatment of aliens (entrance, residence, surveillance, etc.)
Optional powers (in accordance with the principle of local self-government)
• Support for cultural activities
• Construction of pedestrian areas and cycle lanes
• Support for pupil exchanges
• Construction and maintenance of public libraries
• Promotion of economic activity and tourism
• Management of adult education colleges (Volkshochschulen)
Local Government
Administrative responsibilities of the local authorities
Local authorities are largely responsible for the following sovereign rights:
Personnel sovereignty grants the municipalities the right to select, engage,
promote and dismiss staff
• Organisational sovereignty encompasses the right of the municipalities to
organise the administration themselves
•
317
Planning sovereignty grants the municipalities the power to organise and shape
municipal territory under their own responsibility by drawing urban
development plans (land use and building plans)
• Legislative sovereignty entails the right to pass municipal bylaws
• Financial sovereignty entitles the municipalities to be responsible for
managing their income and expenditure
• Tax sovereignty grants the municipalities the right to raise locally applying
taxes such as dog tax, entertainment tax, land tax, second place of residence
tax.
•
Optional powers (in accordance with the principle of local self-government)
• Incentives for local economic activity
• Incentives for housing, establishment of social welfare infrastructure
• Building and maintenance of public transport infrastructure
• Cultural affairs and sport facilities
• Management of energy supply utilities
• Twinning arrangements with local authorities in other countries,
Mandatory powers (under federal or Land legislation)
• General security,
• Health care and veterinary affairs,
• Town planning, construction affairs and maintenance of the local authority
road network and green areas,
• Construction and maintenance of primary schools
• Maintenance and management of waterways, sewage disposal
• Construction of recreational and leisure areas
• Urban development and regeneration
State powers devolved to urban municipalities and medium-sized towns
• Registration of births, deaths, marriages and same-sex partnership, issuing of
identity papers
• Running of elections
• Census taking and registration formalities for non-Germans
• Registration of vehicles, urban traffic management
• Supervision of food quality, hotels, restaurants and public houses
318
Mandatory powers (under federal or Land legislation)
• General security,
• Health care and veterinary affairs,
• Town planning, construction affairs and maintenance of the local authority
road network and green areas,
• Construction and maintenance of primary schools
• Maintenance and management of waterways, sewage disposal
• Construction of recreational and leisure areas
• Urban development and regeneration
State powers devolved to urban municipalities and medium-sized towns
• Registration of births, deaths, marriages and same-sex partnership, issuing of
identity papers
• Running of elections
• Census taking and registration formalities for non-Germans
• Registration of vehicles, urban traffic management
• Supervision of food quality, hotels, restaurants and public houses
Representation: The Länder have a direct representation in the institutions at
federal level through the Bundesrat. The Landkreise and the Kommunen have
representation through their associations Deutscher Landkreistag (DLT),
Deutscher Städte- und Gemeindebund (DStGB), and Deutscher Städtetag (DST).
At Federal and at Länder level, these associations are the exclusive partners for
consultation on intermediary and/or local level.
Information: At federal level, the Länder participate in new legislation through
the Bundesrat. All new draft legislation, at Federal and Länder level, will be sent
to the local government associations if it has an effect on the competences of the
municipalities.
Consultation 138 : Consultation of the municipalities at federal level will go
through their associations and is based upon the recently adopted new paragraph
69.5 of the Rules of Procedure of the Bundestag. Here it is stated that the
138
States’, 2007.
319
associations will have the possibility to present their positions before a decision
is taken, if it affects their respective level substantially.
For federal ministries, it is stated in paragraph 47 of the Federal Government’s
Rules of Procedure that draft legislative texts affecting the local and
intermediate level will be forwarded to the associations. Occasionally, this
results in meetings between the associations with federal ministers and even the
chancellor. At Länder level, the legal framework for consultation at the Länder
varies from those which include it in their constitutional framework and those
which limit it to laws and the rules of procedure.
Coordination: At the Federal level, the Bundesrat has to give its consent on
numerous areas. However, since the 2006 reforms, the areas for which consent
is required have been reduced. Furthermore, since 2006, the Länder acquired the
possibility to represent the Federal level in the EU on matters which fall in the
areas of exclusive competence of the Länder. The delegate from the Länder
representing the Federal level in the EU will be appointed by the Bundesrat after
consultation with the Federal Government.
The Länder have 21 representatives at the CoR. Additionally, the Landkreise,
municipalities and the cities have in total 3 representatives at the CoR.
The Länder can represent the Federal Level in the EU on matters which fall in
the areas of exclusive competence of the Länder.
The Länder have individual or common representations established in Brussels.
Furthermore, the Landkreise are represented by the Deutscher Landkreistag
(DLT) at European level and have representation in Brussels. Additionally, the
Deutscher Städte- und Gemeindebund (DStGB) has representation in Brussels as
it represents the medium-sized cities and municipalities at European and
international level as is the case for the Deutscher Städtetag (DST), which
represents the big cities at European level.
The DLT participates in the “Council of European Municipalities and Regions”
(CEMR) and the “European Confederation of Intermediate Local Authorities”
(CEPLI). The DStGB and the DST are participants in the CEMR and “United
Cities and Local Governments” (UCLG).
320
10.3 Subsidiarity139
EU proposals submitted to the Bundestag and the Bundesrat for debate are listed
as an A-item or as a B-item. A-items require a subsidiarity scrutiny whereas Bitems require a political scrutiny.
B-items require the Bundestag and the Bundesrat to formulate a position on the
legislative proposal which is then taken into consideration by the federal
government while negotiating at EU level.
For A-items, the Bundestag will examine through its sectoral committees the
compliance of the subsidiarity principle. If the committee wants to publish a
reasoned opinion, consultation must be made with the EU Affairs Committee. In
a plenary session, a subsidiarity analysis and a committee report will be
presented along a recommendation for a resolution-EU proposals submitted to
the Bundestag and the Bundesrat for debate are listed as an A-item or as a Bitem. A-items require a subsidiarity scrutiny whereas B-items require a political
scrutiny.
For A-items, the chair of the Bundesrat (Präsidium) will decide, if a matter
requires a scrutiny examination or upon the request of a Land a scrutiny
examination may take place. The sectoral committees will then deliberate on the
matter. Nevertheless, the EU Committee will always have the lead on the EU
dossiers. The EU committee presents the report to the plenary together with a
recommendation for a resolution. The report can be adopted by tacit assent, or in
a formal vote, by simple majority upon recommendation from the relevant
committee.
139
321
10.4 Bibliography
Constitution
German Basic Law
Legislation
Alle Gesetze und Verordnungen aus dem Geschäftsbereich des
Bundesumweltministeriums
Berufsbildungsgesetz (BBIG)
Filmförderungsgesetz,
Gesetz über die Gemeinschaftsaufgabe "Verbesserung der Agrarstruktur und des
Küstenschutzes" (GAK-Gesetz - GAKG)
Gesetz zur Neuordnung des Kinder- und Jugendhilferechts (Kinder- und
Jugendhilfegesetz - KJHG)
Websites
1. Fortschrittsbericht 2010,
2011 Agricultural Policy Report
Aufgaben und Ziele
Bendit, R. Youth Policy in Germany 2007
Boland, H. & Thomas, A. Expertise zur Beratung landwirtschaftlicher
Unternehmen in DeutschlanBremen
Bundesagentur für Arbeit
Bundesministerium für Arbeit und Soziales
Bundesnetzagentur
BundesnetzagenturAufgaben des Gesundheitsamtes
Compendium, 2012
Council of European Municipalities and Regions
Deutscher Landkreistag
Deutscher Städtetag
Deutscher Städtetag,
Die ESF-Förderperiode bis 2013
DStGB,
Energie
Environmental rules
ESF
European Confederation of Intermediate Local Authorities
Feuerwehr
Fischerei
Gabriel, O., Strukturen politischer Willensbildung in der Gemeinde
322
Gemeinschaftsaufgabe
"Verbesserung
der
Agrarstruktur
und
des
Küstenschutzes",
German County Association
German County Association
Geschäftsverteilung
Gesundheitspolitik
Goethe Institute
Kappel, K-E. & Schmid, W., Kommunale Wasserversorgung zwischen
Wettbewerb und Daseinsvorsorge
Kreisplanung und Naturschutz
Kulturpoltik
Leistungen und Förderung
Local immigration offices
Marifish,
Matthias Schulze-Böing Local Employment Policy: Challenge for Local
Government Strategy and PracticeOrganizational structure of the Federal Police
Oschmiansky, F. & Kühl, J., Aktive Arbeitsmarktpolitik der Bundesländer,
Power, A. & Zulauf, M., Cutting Carbon Costs: Learning from Germany’s
Energy Saving Program
Regelungen
Schultes, N. (2008). Die Grundzüge der Tourismuspolitik in Deutschland
Synthesis Report
The Education System in the Federal Republic of Germany 2010/2011
The reform of Germany’s federal system
United Cities and Local Governments
Verkehrspolitik,
Kommunale Verfassung: Die Gemeinde – Aufgaben,
Strukturen, Demokratie,
Wehling, H.-G., Kommunalpolitik in Baden-Württemberg,
Wehling, H.-G., Unterschiedliche Verfassungsmodelle
Welcome to Germany Information for ImmigrantsDeutsche Zentrale für
Tourismus
Wollmann, H. & Kuhlmann, UCLG Country Profiles, Federal Republic of
Germany
procedures within European States’, 2007
Groß, H. (2008), Deutsche Länderpolizeien, APuZ 48/2008
323
Hanschel, D. (2008). Conflict Resolution in Federal States: Balancing
Legislative Powers as a Viable Means? Public Law Review, Jg. 19, 131-161.
Hippach-Schneider, U., Krause, M., Woll, C., Vocational education and training
in Germany, Cedefop Panorama series; 138, Luxembourg: Office for Official
Publications of the European Communities, 2007
Kahlenborn, W. & Kraack, M. & Carius, A. & Turmann, A. (1997).
Umweltpolitik & Tourismuspolitik: Strukturen, Instrumenten und Akteure der
Umweltpolitik und anderer tourismusrelevanter Fachpolitiken.
Möllers, M. & van Ooyen, R. (2008), Bundeskriminalamt, Bundespolizei und
„neue“ Sicherheiten, APuZ 48/2008
Report on ‘Subsidiarity in the Multilevel framework of the Lisbon Treaty’,
Committee of the Regions, drafted by EIPA 2011. Not published.
Thoroe, C. 2001, Kompetenzverteilung in der Agrarpolitik in Deutschland,
Agrarwirstschaft, 50 (3)
Ute Hippach-Schneider, Martina Krause, Christian Woll, Vocational education
and training in Germany, Cedefop Panorama series; 138 Luxembourg: Office
for Official Publications of the European Communities, 2007
Vorholz, I. Kommunale Verantwortung für und in Schulen: Ein Beitrag aus
Sicht des Deutschen Landkreistages, In: Kommunale Verantwortung für und in
Schulen,
Weiß, W. Kommunale Bildungspolitik
324
the CoR
a. Transport policy
Federal Government
•
•
Responsible for legislation on federal matters.
Exclusive legislation on (Article 73 BL):
¾ Air transport (Art. 87d BL)
¾ Federal roads and motorways (Bundesautobahnen und Bundesstraßen;
Art. 90 BL)
¾ Federal railways (Art. 87e BL)
¾ Waterways (Art. 89 Abs. 2 BL)
•
•
•
•
Regional roads (Landesstraße)
Regional railways (Article 74 BL)
Public transport at regional level (Article 74 BL)
Administrative co-responsibility for federal roads commissioned to the
Länder
Intermediate level – Kreise
•
Building and maintenance of secondary roads (Kreisstraße)
Local Government
•
•
•
Local roads (Gemeindestraße)
Building and maintaining public transport at local level
Urban traffic management
Sources
German Basic Law
Kommunale Verfassung: Die Gemeinde – Aufgaben, Strukturen, Demokratie
Verkehrspolitik
325
Federal Government
•
•
•
•
•
•
•
•
•
A concurrent competence according to the BL “labour law, including the
organisation of enterprises, occupational health and safety, and
employment agencies, as well as social security, including unemployment
insurance”
General
legislation
on
labour
market
policy
(Arbeitsmarktförderungsgesetz)
Framework programmes for job creating measures
Public Employment Service (Mediation of Jobs) - Federal Agency for
Employment
Unemployment insurance (Federal Ministry of Labour and Social Affairs,
Federal Agency for Employment)
Labour law
Health and Safety at Work
Stimulate integration into the labour market
Developing the labour market
•
•
•
•
•
•
A concurrent competence according to the BL “labour law, including the
organisation of enterprises, occupational health and safety, and
employment agencies, as well as social security, including unemployment
insurance”
Enforcement measures
Job-creating measures in cooperation with federal level
Promotion of local employment and economic development such as
promotion of entrepreneurship, skills training in small and medium-sized
companies and training for young people,
special labour market programs for target groups such as women, youth
and the long-term unemployed that complementing those of the
Federation,
Several advisory bodies in the field of labour
326
•
Implementation of the Social Code II (SGB II): local government may
assume full responsibility for assisting long-term unemployed persons
(Approved Local Providers), or form a consortium with the local job
center of the Federal Agency for Employment (Joint Local Agencies).
•
Important factors in the labour market as:
¾ Employers,
¾ Actors in business promotion
Local Government
•
•
•
•
•
Implementation of the Social Code II (SGB II): local government may
assume full responsibility for assisting long-term unemployed persons
(Approved Local Providers), or form a consortium with the local job
center of the Federal Agency for Employment (Joint Local Agencies).
Job creating measures
Advisory services
Local partnerships with social and economic players on local level
Important factors in the labour market as:
¾ Employers,
¾ Actors in business promotion
Sources
Bundesagentur für Arbeit
Bundesministerium für Arbeit und Soziales
Hugh Mosley, Governance and evaluation of labour market policy in Germany,
Matthias Schulze-Böing Local Employment Policy: Challenge for Local
Government Strategy and Practice
Oschmiansky, F. & Kühl, J., Aktive Arbeitsmarktpolitik der Bundesländer
Reinhard Wieczorek, Local Labour Market and Employment Policy
327
c. Social policy
Federal Government
Social assistance
•
Legislation
Public health
•
Legislation and programmes
Family policy
•
•
•
•
•
•
Legislation and programmes
Child benefit
Child tax credit
Married couple's tax splitting
Parental leave
Student loans
Social assistance
•
Implementation of federal law
Public health
•
•
•
•
Hospital planning
Programmes on health care and information campaigns
Prevention
Physiological Health care
Family policy
•
•
Restricted possibilities for complementary legislation
(e.g. for kindergartens)
Länder programmes supplementing federal programs (depending on
financial resources)
328
Social assistance
--Public health
•
•
•
Provision of child care institutions
Provision of primary health services (hospitals) in cooperation with the
municipalities and the respective Land
Implementation of Federal and Land legislation and regulations
Family policy
--Local Government
Social assistance:
•
•
•
Administration/Funding/Distribution of social assistance/benefits
Advisory services
Implementation of Federal and Land legislation and regulations
Public health:
•
Provision of primary health services (hospitals) in cooperation with
districts and the respective Land
Family policy:
•
Provision of child care institutions
Sources
Gesundheitspolitik
Leistungen und Förderung
and training in Germany, Cedefop Panorama series; 138 Luxembourg: Official
329
d. Education policy
Federal Government
•
•
•
The admission to institutions of higher education and requirements for
graduation in such institutions is a concurrent competence (Article 72 BL)
The regulation of educational and training grants and the promotion of
research is a concurrent competence (Article 74 BL)
Regulation of access to universities by foreigners
•
•
•
•
•
•
Cultural sovereignty of the Länder as basic principle,
The entire school system is under the supervision of the state (Article 7
BL)
The admission to institutions of higher education and requirements for
graduation in such institutions is a concurrent competence (Article 72 BL)
The regulation of educational and training grants and the promotion of
research is a concurrent competence (Article 74 BL)
Länder determine curricula of education (General Training and higher
education, cooperation between the Länder for setting minimum
conditions of diploma)
Participation in student mobility programmes
•
•
•
•
Responsibility for nursery schools (facilities, etc.)
Responsibility for running primary schools (facilities, educational
infrastructure etc.)
Responsibility for running secondary schools (facilities, educational
Provides for support for pupil exchanges
Local Government
•
•
•
Responsibility for nursery schools (facilities, etc.)
Responsibility for running primary schools (facilities, educational
Responsibility for running secondary schools (facilities, educational
330
Sources
German Basic Law
The Education System in the Federal Republic of Germany 2010/2011
Vorholz, I. Kommunale Verantwortung für und in Schulen: Ein Beitrag aus
Sicht des Deutschen Landkreistages, In: Kommunale Verantwortung für und in
Schulen,
Weiß, W. Kommunale Bildungspolitik
331
Federal Government
•
•
•
Concurrent legislation (“Vocational Education and Training Act (BBiG)”)
The Federation is responsible for in-company, non-school vocational
training.
Responsibility of the Federal Ministry of Economy and the Federal
Institute for Vocational Training for the business-related parts of the dual
system (in cooperation with social partners)
•
•
•
•
All legislation on schools, including that on vocational schools, is
exclusive Land legislation.
Responsibility for the school-related part of primary vocational training,
including decisions on curricula for the theoretical part of apprenticeships
Close cooperation with private sector
Administration of funding for vocational training measures (lifelong
learning)
•
•
Administration of public vocational training schools (especially for
technical colleges and adult educational colleges)
Advisory services
Local Government
•
•
Administration of public vocational training schools
Advisory services
Sources
Alle Gesetze und Verordnungen aus dem Geschäftsbereich des
Bundesumweltministeriums
Berufsbildungsgesetz (BBIG)
and training in Germany, Cedefop Panorama series; 138 Luxembourg: Official
332
f.
Federal Government
Youth Policy
•
•
•
Limited competencies in Youth policy: Legislation on aid for children and
youth, covering social and fiscal aspects of Youth Policy (“Kinder- &
Jugendhilfegesetz”)
Since 2006, the federal level can no longer prescribe the Länder how to
run their youth offices.
Represents the general interests of youngsters in other policy domains
(e.g. health and labour)
Sport Policy
•
•
•
Promoting high-performance sport
Sets the framework conditions for the appropriate development of mass
sport
Provides for funding
Youth Policy
•
•
•
•
With the 2006 reform, the Länder have gained more influence and
responsibilities (e.g. more independence regarding their youth offices).
Youth policy formulation and setting up of youth policy programmes
Set responsibilities vary between Länder
Support of Youth associations
Sport Policy
•
•
Promoting mass sport
Provides for funding
333
Youth Policy
•
•
•
Provide framework for Youth associations and independent associations
active in Youth Policy
Implementation of Youth policy
Administrative District Youth Offices
Sport Policy
•
Constructs and operates sport facilities (e.g. sport halls, swimming pools)
Local Government
Youth Policy
•
•
•
•
•
Provide framework for Youth associations and independent associations
active in Youth Policy
Implementation of Youth policy
Programmes on youth work/social work
Counselling in child adoption procedures
Prevention of youth crime
Sport Policy
•
Constructs and operates sport facilities and sport field
Sources
Aufgaben des Landkreises
Bendit, R. Youth Policy in Germany 2007
German Basic Law
Gesetz zur Neuordnung des Kinder- und Jugendhilferechts (Kinder- und
Jugendhilfegesetz - KJHG)
The sport policy of the Federal Government
334
g. Culture policy
Federal Government
•
•
•
•
•
In 2006 the safeguarding of German cultural assets against removal from
the country was listed as an exclusive legislative power of the federal
level (Art. 73 BL).
External Cultural Policy and representation of Germany in the EU
Transnational cultural cooperation (both the federal level and the Länder
are active)
Legislation on press and film
Limited competency for setting up and financing cultural institutions,
which are of central relevance (e.g. national exhibition hall)
•
•
•
•
•
General competency of the Länder for cultural affairs, both legislative and
executive power (“Kulturhoheit”) (based on Article 30 BL)
Federal constitutional court emphasized that competency of the Länder
for cultural affairs is a major element of their statehood
Länder have set up and finance and co-finance various cultural institutions
(theatres, museums, orchestras)
Transnational cultural cooperation (both the Länder and the federal level
are active)
The 2006 reform saw an increase in the competences of the Länder.
Article 23(6) BL gave regional and local authorities more weight in EU
discussions on culture policies.
•
•
Supports and implements cultural activities
Construction and maintenance of public libraries
Local Government
•
•
•
•
•
Local level is particular active in the policy field of Culture
Main responsibility for implementation of cultural activities is located on
the local level, activities and policies on the local level vary according to
policy orientation and the availability of financial means
Financing of cultural institutions and events
Both provision of financial support for setting up and running of public
cultural institutions
Local museums, theatres, cultural events, orchestras etc.
335
Sources
Compendium
Filmförderungsgesetz
German Basic Law
Goethe Institute
Kulturpoltik
336
Federal Government
•
•
•
Sets the general framework for the organisation and performance of the
health sector
Concurrent legislative power for measures to combat human and animal
diseases which pose a danger to the public, pharmacies, medicines,
medical products, drugs, narcotics and poisons (Article 74 BL)
Health education and information fulfilled by the federal agency for
health education (“Bundeszentrale für Gesundheitliche Aufklärung”)
•
•
Legislation on medical corps (“Gesundheitsdienst”), rescue service,
organisational matters of the hospitals
Implementation of preventive measures in the health sector (action
programmes etc.)
Intermediate level – Kreise and Local Government
•
•
•
•
•
•
•
•
Health Policy implementation is decentralised and differs strongly
between the areas.
Local medical corps (“Gesundheitsämter”)
Running and financing of local hospitals
Local programmes for promoting public Health
Protection against infections
Physical examinations
Social psychiatrically services
Healthcare promotion and consultation
Sources
Aufgaben und Ziele
Aufgaben des Gesundheitsamtes
Bremen
German Basic Law
337
i.
Federal Government
•
•
•
•
•
Planning and construction of road infrastructure is covered by concurrent
legislative power according to Articles 72 and 74 BL
Only certain roads under federal authority (“Bundesfernstraßen” and
“Bundesautobahnen”)
TEN projects mainly under federal responsibility, close cooperation with
the Länder in the implementation
Exclusive legislative power of the federal level for the planning and
construction of railway infrastructure (Article 73 and 74 I No. 23 BL)
Policy implementation and administrative competency in the railway
sector (Article 87 e BL)
•
•
Länder take over tasks in the implementation of major transport
infrastructure projects
Detailed planning and construction of transport infrastructure under
Länder responsibility
•
•
Consultation rights in the planning process
Cooperation with the Länder on detailed planning
Sources
German Basic Law
Verkehrspolitik
338
j.
Federal Government
•
•
Financial contribution in the context of the support of the regional
economic development
Participation in the framework of the joint-action of the federal level and
the Länder ("Gemeinschaftsaufgabe")
Spatial planning
•
•
•
Only general regulations are made on the federal level
Close cooperation in spatial planning with the Länder, conference on
spatial planning of the federal level and the Länder
National report on spatial planning issues (not on a strict yearly basis,
multi-annual reports)
•
•
•
General legislative power
Provides framework for programmes and job creating measures
Principles for public employment service
Regional Government – Länder and Local Government
•
•
•
•
General Länder competency for legislation and policy implementation on
regional and structural policy (Article 30 BL)
Regional economic development programmes
Regional support programmes corresponding to the specific needs of the
region
Participation in the framework of the joint-action of the federal level and
the Länder ("Gemeinschaftsaufgabe")
339
Spatial planning
•
•
Responsibility for spatial planning at the level of the Land
Länder exercise spatial planning on two levels: state development plan
(for the whole Land) and regional plans
•
•
Implementation of employment policy measures
Operate as partners in the territorial employment pacts
Intermediate level - Kreise
•
•
•
•
Provision of financial support and regional / local economic programmes
in the context of the competency for local self administration
Support for the local economy
Local economic development strategies
Support of start-up programmes
Spatial planning
•
•
•
Competency for local spatial planning in the context of local self
administration
Local land use plans
Participation of the local authorities in the plans of the Länder
•
Take part in the implementation
Sources
Die ESF-Förderperiode bis 2013
Synthesis Report
The Planning System in the Federal Republic of Germany
340
Federal Government
•
•
•
Nuclear energy (Art. 73 BL) has become an exclusive federal
competence.
Environmental policy is listed in Art. 74 BL as a concurrent competence
between the federal and Länder level. The federal administration has
extensively enacted legislation in this field and thus the room to
manoeuvre is limited for the Länder.
Ordinances (“Verordnungen”), i.e. Technical Instructions on air, noise,
waste, chemicals, renewable energy / climate change, water protection,
emission rights, nature conservation and landscape management, genetic
engineering.
•
•
•
•
•
•
•
•
Licences for industrial sites, power plants, landfills and waste
Transportation of special waste
Water management
Reporting and measurement stations
Monitoring and control of emissions
Registering of protection zones
Punishment of offenders
•
•
•
Maintenance of nature parks
Household waste collection and disposals
Local Government
•
•
•
•
•
•
Project and agricultural planning
Water supply
Waste water
Rehabilitation of waste recovery and old sewerage systems
Abatement of noise
Monitoring of the environmental impact of energy supply
341
Sources
Environmental rules Kappel, K-E. & Schmid, W., Kommunale
Wasserversorgung zwischen Wettbewerb und Daseinsvorsorge
German Basic LawAlle Gesetze und Verordnungen aus dem Geschäftsbereich
des Bundesumweltministeriums
342
l.
Energy policy
Federal Government
•
•
•
•
•
•
•
Nuclear Energy
Adopts legislation and policy on reducing energy dependency.
Subsidies and loans to reduce energy consumption.
Promotion of alternative energy sources.
Online energy monitoring
Energy performance certificates
Germany Network Agency is responsible for the deregulation of the
energy infrastructure.
•
•
Implementation of legislations
Local programmes to promote energy savings
• Implementation of legislations
• Local programmes to promote energy
savings
Local Government
•
•
•
•
Implementation of legislations
Local programmes to promote energy savings
Street lighting
management of energy supply utilities
Sources
Bundesnetzagentur
Energie
Power, A. & Zulauf, M., Cutting Carbon Costs: Learning from Germany’s
Energy Saving Program
343
LRAs
Federal Government
•
•
•
Overall policy responsibility and sets the legislative frame for the
agricultural policy
Representation in international especially EU and national negotiations.
Established a Joint Task for the Improvement of Agricultural Structures
and Coastal Protection which coordinates agricultural structural policies
•
•
•
Taking part with the Federal government in the Joint Task for the
Improvement of Agricultural Structures and Coastal Protection
Implementation of agricultural policies
Gives advice on agricultural issues to the public
•
•
•
•
Implementation of the policy
Modernization of agricultural holdings
Subsidies for less favorable areas
Local administration
Sources
2011 Agricultural Policy Report
Boland, H. & Thomas, A. Expertise zur Beratung landwirtschaftlicher
Unternehmen in Deutschland
Gemeinschaftsaufgabe
"Verbesserung
der
Agrarstruktur
und
des
Küstenschutzes",
Gesetz über die Gemeinschaftsaufgabe "Verbesserung der Agrarstruktur und des
Küstenschutzes" (GAK-Gesetz - GAKG)
Thoroe, C. 2001, Kompetenzverteilung in der Agrarpolitik in Deutschland,
Agrarwirstschaft, 50 (3)
344
b. Fisheries policy
Federal Government
•
•
•
•
•
Overall policy responsibility
Representation in international especially EU and national negotiations.
Development with a national strategy plan
Monitoring and controlling against legal fishing
Federal research centre for fishery
•
•
•
Legislative responsibilities through the adoption of fishing laws.
Legislation of fishing licences
Organising fishing exams
•
Planning of environmental protection areas
Local Government
•
•
Implementation of the policy
Issuing of fishing licences
Sources
1. Fortschrittsbericht 2010
Fischerei
Kreisplanung und Naturschutz
Marifish
Regelungen
345
Federal Government
•
•
•
Article 73 BL has listed Citizenship in the Federation, residency
registration, identity cards, immigration, emigration and extradition as an
exclusive competence of the federal level.
Article 74 BL has listed matters on refugees and expellees as a concurrent
legislative power with the Länder.
Article 74 BL has listed matters on residence and the establishments of
aliens as a concurrent legislative power with the Länder.
•
•
Article 74 BL has listed matters on refugees and expellees as a concurrent
legislative power with the federal government.
Article 74 BL has listed matters on residence and the establishments of
aliens as a concurrent legislative power with the federal government.
•
•
•
Local immigration offices implement the national legislation
Handle applications for exemption, payment of fees and organise of the
integration courses
Implementation of the national and Länder legislation
Sources
German Basic Law
Local immigration offices
Welcome to Germany Information for Immigrants
346
d. Tourism policy
Federal Government
•
•
•
Legally speaking it has a limited role
Practically, due to the relationship between tourism and the other fields
with federal competences which have to be taken into account, the
position of the federal government will play a role.
Dialogue with the Länder via the “Bund-Länder-Ausschuss Tourismus”
which is lead by the Federal Ministry for the Economy. Due to the
voluntary nature of the participation in this body, there are written
division of competences.
•
•
•
•
•
Mail legislative and policy responsibility
Dialogue with the Länder via the “Bund-Länder-Ausschuss Tourismus”
which is lead by the federal ministry. Due to the voluntary nature of the
participation in this body, there are written division of competences.
Information and advice service
Marketing
Funding tourism research
•
Marketing and tourism promotion
Local Government
•
•
•
•
Diverse activities
Some municipalities group together to form tourism associations
Marketing and tourism promotion
Local registration
Sources
Deutsche Zentrale für Tourismus
Kahlenborn, W. & Kraack, M. & Carius, A. & Turmann, A. (1997).
Umweltpolitik & Tourismuspolitik: Strukturen, Instrumenten und Akteure der
Umweltpolitik und anderer tourismusrelevanter Fachpolitiken.
Schultes, N. (2008). Die Grundzüge der Tourismuspolitik in Deutschland
347
Federal Government
•
•
Limited competences listed in Article 73 BL
Federal Police Force (BPOL) was given more tasks due to the
constitutional reform in 2006 and is now tasked with:
¾
¾
¾
¾
¾
¾
¾
•
•
•
•
Border protection
Counterterrorism
Protection federal buildings
Air marshals
Transport security (railway and airports)
German embassies security
Rapid response force for internal events
The “Bundeskriminalamt” (BKA) is responsible for the protection of
federal officials, fighting organised crime and the coordinate law
enforcement with the “Landeskriminalamt” (LKA) of the different
Länder.
Police at the Bundestag
Coast Guard
Police Academy
•
•
Main competence of the Länder based on Article 30 BL.
Germany’s main body of law enforcement with about 220.000 police
officers, the “Landespolizei”
¾
¾
¾
¾
¾
¾
¾
¾
•
General policing duties (patrolling streets, etc.)
Criminal investigations
SWAT teams
Person protection
Undercover units
Traffic police
Highway patrol
River police
State Police Academy
348
•
Responsible for the “Kreisfeuerwehrbereitschaften” which provide
assistance for major incidents.
Local Government
•
•
Responsible for the functioning and equipment of the fire departments
Stadtpolizei (city police)
Sources
Feuerwehr
German Basic Law
Möllers, M. & van Ooyen, R. (2008), Bundeskriminalamt, Bundespolizei und
„neue“ Sicherheiten, APuZ 48/2008
Organizational structure of the Federal PoliceGroß, H. (2008), Deutsche
Länderpolizeien, APuZ 48/2008
349
11. Greece
Greece is a parliamentary republic under the 1975 Constitution. The
Parliament (Vouli ton Ellinon) is unicameral and consists of 300 members. The
Head of State is the President of the Republic and the Government is led by a
Prime Minister.
The Hellenic Republic is a unitary State organised on a decentralised basis;
it comprises two levels of governance, the central – State governance and the
local self-government. The former is exercised centrally (governmentministries) as well as at a decentralised level (Decentralised Administrationapokentromeni dioikisi), while the latter is exercised at regional (Regions Perifereies) and municipal level (Municipalities - Dimoi)
It used to be much more centralised but over the last decades it has been
undergoing reforms which led to the adoption of an extensive administrative
reform in 2010 called “Kallikratis”. The decentralisation process started in
1986 with the creation of 13 Regions. Decentralisation was strengthened in 1994
with elected prefectural bodies and the extension of the municipalities’
competences. In 1997, through merging, the “Kapodistrias Programme” changed
the administrative boundaries of first-level self-government authorities
(dimoi&koinotites) reducing them to 1034 without even changing their previous
institutional status. The Code for Municipalities and Communities in 2006
constituted the main legislative text for their function. The 2010 Kallikratis
Programme 140 reorganised the territorial division by uniting existing
municipalities, modified the vertical division of competences in favour of
municipalities and abolished decentralised public administrations. Finally, the
Hellenic Republic has recently adopted the Law 4071/2012 “Provisions for local
development, local government and decentralised administration – Transposition
of Directive 2009/50/EC”141, which focuses mainly on special issues of local
authorities.
Since 1 January 2011, when the Kallikratis Programme officially entered into
force, the Hellenic Republic has comprised seven Decentralised
Administrations (apokentromeni dioikisi), thirteen Regions (perifereies) and
325 Municipalities (dimoi).The Decentralised Administrations constitute single
units of State (decentralised State) and their heads are appointed by the central
Government. They exercise general decisive responsibility on State matters in
accordance with Article 101 of the Constitution. The Municipalities and Regions
constitute the first and second-level of local self-government
140
141
Law 3852/2010 on the Reorganisation of Local Government.
Official Journal Government Gazette A 85/11.04.2012.
351
The former Prefectures (nomarhies) largely still exist, but are now called
Regional Units (Perifereiakes Enotites) and form administrative and territorial
constituent parts of the Regions.
The Community of Mount Athos Monasteries is an autonomous territory
with special status (Ieri Kinotita) under the Constitution and special
arrangements as to the application of EU law to this territory exist.
The principles of decentralisation and local self-government are enshrined in
the Constitution142. The local and regional self-government authorities are the
expression of popular sovereignty and constitute a fundamental institution in the
public life of the Greeks, as guaranteed by the provisions of Article 102 of the
Constitution and the European Charter of Local Self-Government ratified by
Law 1850/1989 (GG 144 A), taking into account the reservations expressed on
Articles 5, 7 (§2), 8 (§2) and 10 (§10).
Regions are responsible for the administration of affairs of their district.
They shape, plan and implement policies at regional level as part of their
responsibilities under the principles of sustainable development and social
cohesion of the country, taking into account of national and European policies.
Municipalities are responsible for the administration of local affairs. They
manage and regulate all local matters in accordance with the principles of
subsidiarity and proximity with the aim of protection, development and
continuous improvement of the interests and the quality of life of local society.
There is no hierarchical control and relationship between the Regions and the
Municipalities.
The Kallikratis Programme143 further describes the territorial organisation and
the division of powers between the different levels of governance.
In 2005, sub-national governments’ revenues were derived mainly from
grants. Sub-national expenditure represents 3.1% of the GDP and 6.6% of the
total public expenditure. The Municipalities’ revenue was composed of 68.5%
of autonomous taxation, 21.6% of grants and 9.9% of others. The Counties and
Regions’ revenue was composed of 69.7% of autonomous taxation, 24% of
grants and 6.3% of others. 144
142
Constitution of Greece as revised by the parliamentary resolution of 27.05.2008 of the VIIIth Revisionay
Parliament, Section VI, Chapter I.
143
Law 3852/2010 on the Reorganisation of Local Government.
144
A collective work of Dexia Crédit Local Research Prefecture, Sub-national governments in the European
352
Since the adoption of the Kallikratis Programme, both Municipalities and
Regions should have autonomous central resources calculated on certain
percentages of income tax, VAT, and property tax.
National level
• General powers in matters coming under national sovereignty, particularly
in the areas of national defence, foreign affairs, finance and justice;
• General national policy;
• Coordination and direction of the Government’s activities;
• Coordination and direction of the civil service; and
• Implementation of national policies.
Regional level
Regions exercise their responsibilities/ competences within the framework of
the relevant laws and administrative regulations, in the fields of:
• Planning/Programming and regional development including investment;
• Agriculture/livestock and fisheries;
• Natural resources, energy and industry; (water management, mineral
wealth, energy, industry and manufacturing);
• Employment, trade and tourism;
• Transport and communications;
• Public works, urbanism, spatial planning, environment;
• Health;
• Education, culture and sport;
• Civil protection – logistics.
In order to address supra-local problems in a uniform way, the metropolitan
region of Attiki and the metropolitan unit of Thessaloniki (Region of Central
Macedonia), in addition to their regional responsibilities, may exercise
metropolitan responsibilities in the following areas:
•
•
•
•
Environment and quality of life;
Spatial planning and urban regeneration;
Transport and communications;
Civil protection and security beyond the municipal administrative
boundaries.
353
Regions exercise their powers taking into account:
• The relevant national, regional and European policies;
• The need for cooperation and coordination with other regional authorities
and organisations;
• The available resources to meet their responsibilities, and the need to
ensure their beneficial, efficient use and equitable distribution;
• The need to organise services to ensure their adequacy, quality and
effectiveness;
• The need for sustainable development and protection of the cultural
heritage.
Municipal level145
Municipalities exercise their powers/responsibilities according to the relevant
legislation, regulations and management regulations adopted by them (local
regulatory decisions) in the fields of:
•
•
•
•
•
•
•
•
•
•
•
•
•
Development,
Building permits and urban planning applications;
Environment;
Quality of Life & Cities’ proper Functioning
Employment;
Social protection and solidarity;
Education, culture and sport;
Agricultural Development, livestock and fisheries;
Civil protection
Issuing professional licenses;
Transport infrastructure;
Local development initiatives; and
Tourism.
With a view to providing better services, municipalities may also exercise State
responsibilities at local level which have been assigned to them by law.
It should be underlined that insular as well as mountain municipalities undertake
additional responsibilities otherwise exercised by the regions to better serve the
local population in accordance with the subsidiarity principle.
145
Law 3852/2010 on the Reorganisation of Local Government, article 94; Code of the Municipalities and
Communities, article 75.
354
Municipal authorities exercise their powers taking into account146:
• Related national, regional and European policies;
• The need for coordination with other local or public authorities which
have the power to act and own resources in their region;
• The availability of resources and their beneficial, efficient use and
equitable distribution;
• The need to organise adequate, qualified and efficient services in order to
better serve residents; and
• The need for high quality environmental protection, protection of cultural
heritage and the promotion of sustainable development of these areas.
Representation: The Central Union of Municipalities of Greece (KEDE)147 and
the Union of Greek Regions (ΕΝΠΕ/ENPE)148 are legal entities of public law
that represent local and regional interests respectively before the central
government and are supervised by the Minister of Interior.
provided to the local and regional authorities to the extent that information is
The central authorities consult local and regional authorities on measures
concerning environmental protection, spatial planning projects. Moreover, local
and regional representatives may be invited to participate in parliamentary
sessions. 149
Coordination:
State/local and regional authorities (LRAs) coordination: The central authorities
cooperate with KEDE and ENΠΕ/ENPE.
LRAs coordination: According to the principles of cooperation and togetherness
(synallilia), local and regional authorities cooperate on the basis of the law, joint
agreements and coordination of joint actions as they are responsible for
formulating views on draft laws relating to their district, i.e. Municipality or
Region.
146
Art. 76 of the Code of Municipalities
Central Union of Municipalities and Communities of Greece.
148
Union of Greek Regions. See Presidential Decree 75/2011 (OJ A 182/22.8.2011) on Regional Unions of
Municipalities and Central Union of Municipalities in Greece and Law 3852/2010, article 282.
149
States’, 2007, pp.211-215.
147
355
The Greek CoR delegation is composed of 12 representatives from the Regions
and the Municipalities.
The Central Union of Municipalities of Greece has its own liaison office in
Brussels. Moreover, different local and regional authorities have liaison offices
established in Brussels: Heraklion, Nomarchia Ilias, Thessalia, Attiki, East
Macedonia and Thrace.150
The Central Union of Municipalities of Greece closely cooperates with the
Council of European Municipalities and Regions (CEMR) and is represented at
the Congress of Local and Regional Authorities of Europe (CLRAE)151.
11.3 Subsidiarity
The National Parliament did establish a scrutiny mechanism for EU draft
legislative acts with regard to the subsidiarity principle; nevertheless, it does not
consult local and regional authorities within this framework152.
11.4 Bibliography
Legislation
Constitution of Greece as revised by the parliamentary resolution of 27.05.2008
of the VIIIth Revisory Parliament, Articles 101 and 102
Law 2539/1997 (OJ Α 244/04.12.1997) ‘Organisation of first-level SelfGovernment – Kapodistrias Programme ’
Law 3463/2006 (OJ Α 114/30.6.2006) ‘Code for Municipalities and
Communities’
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government –
Kallikratis Programme’
150
European Week of Regions and Cities
Brussels, 6 – 9 October 2008. (Last consultation: 15.02.2012).
151
Central Union of Municipalities and Communities of Greece.
152
Report on ‘Subsidiarity in the Multilevel framework of the Lisbon Treaty’, Committee of the Regions, drafted
356
Websites
Central union of municipalities
Kallikratis Plan portal (In Greek only)
Official Government Website
Parliament
Union of Regions of Greece
Publications and studies
A collective work of Dexia Crédit Local Research Prefecture, Sub-national
Assembly of the European Regions, Regionalism Report on Greece, 2011.
Regional offices contact directory, European Week of Regions and Cities,
Brussels, 6 – 9 October 2008.
Council of European Municipalities and Regions, The CEMR/Members/Greece
357
the CoR
a. Transport policy
National Level
The central Government through the Ministry of Development,
Competitiveness, Infrastructure, Transport and Networks is in charge of:
Transport
• Planning and implementation of the national policy, development of the
relevant national legislation and participation in creating the appropriate
institutional framework at European and international level for the
development of top quality transport, mass-transit, telecom and postal
services under conditions of fair competition;
• Ensuring the safety of transport, mass-transport and telecommunications;
• Promoting the Information Society;
• Contributing to the country’s economic development and to the
improvement of its citizens’ quality of life in the areas falling under the
ministry’s responsibility;
• Licensing of Greek air carriers;
• Licensing and certification of airports;
• Licensing of heliports and landing fields.
Telecommunications and post
• Planning and implementing the national and European policies by
creating the appropriate institutional framework at European and
international level for the development of high quality telecom and postal
services under conditions of healthy competition;
• Contributing to the country’s economic development and to the
improvement of its citizens’ quality of life in the areas of
telecommunications and post;
• Developing the national digital strategy, taking the necessary initiatives
and planning activities at national level and coordinating stakeholders in
order to implement the Digital Agenda of the European Union, as
358
•
•
•
•
•
•
•
expressed by the current multi-annual plan, having as a target the
promotion of the digital single market;
Promoting the Information Society;
Strengthening scientific research and development of electronic
communications;
Assessing and prioritising the feasibility of development-oriented
investment programmes;
Representing Greece to European and international organisations (the
International Telecommunications Union (ITU), the European
Telecommunications Standards Institute (ETSI) and the Internet
Corporation for Assigned Names and Numbers (ICANN);
Managing issues of satellite orbits, the parts of the orbit of geostationary
satellites and correlated frequencies that have been awarded or granted to
the country, including a registry of space radio stations;
Determining the scope of Universal Service and the conditions and
procedure for establishing criteria for selecting its providers;
Formulating the policy on security of public networks and electronic
communications.
The National Telecommunications and Post Commission (EETT) is the
independent administrative authority which controls, regulates and supervises in
Greece: (a) the electronic communications market in which companies operate
fixed and mobile telephony, wireless communications and Internet and (b) the
postal market in which companies operate postal services and courier services.
The Commission shall exercise the powers of the Competition Authority in
these markets. The Commission has been gradually assigned this role by Act
2075/1992, 2668/98, 2867/2000 and 3431/2006. The Commission153:
• Regulates matters concerning a) determination of relevant markets,
products, or electronic communications services in the Greek territory,
and b) the definition of obligations of providers with significant market
power in those relevant markets in accordance with national and EU
legislation.
• Supervises and controls the network providers and/or electronic
communications, imposes sanctions, maintains and manages the Register
of Providers of Electronic Communications.
• Decides on ethics for the provision of services and electronic
communications.
• Ensures compliance with the legislation on electronic communications,
implements the provisions of Law 703/1977, as amended, and imposes
corresponding sanctions.
153
http://www.eett.gr/opencms/opencms/EETT/EETT/Responsibilities/
359
• Cooperates with the regulatory authorities of other Member States of the
European Union or third countries and with EU and international bodies.
• Regulates matters relating to General Permits.
• Manages the National Numbering Plan (E.S.A.).
• Regulates the number portability, selection and/or pre-selection and
monitors the implementation of relevant provisions.
• Grants rights to use radio frequencies and/or numbers.
• Regulates the internet domain names ending in ".gr" and is responsible for
matters of domain names ending in ".eu".
• Regulates the electronic signature.
• Regulates the access and interconnection.
• Decides on matters of consumer protection in electronic communications
and postal services sector.
• Regulates and supervises the market for postal services.
• Manages the commercial spectrum with the exception of radio and
television. In this context:

Identifies the circumstances in which individual rights are required.
Grants rights to use radio frequencies.
Determines the frequency usage fees.
Supervises and controls the use of spectrum by imposing relevant
sanctions.
Keeps the national register of radio frequencies.
Grants construction permits for antennas on land.
Decides on the use of telecommunications terminal equipment and
radio equipment.
Regional Level
Transport
• Licensing the creation of transport companies;
• Administrating, reviewing and revoking driving licenses for cars and
public buses;
• The definition of routes, bus stops and terminals, number of itineraries,
timetables and fares for intercity buses (e.g. KTEL) and withdrawal of
unfit buses.
• The formation of the disciplinary board for sanctioning transport
operators and bus owners. Organising the periodic inspection of motor
vehicles;
360
• The establishment of a new long-distance line, and the definition of
conditions, the awarding of the new long-distance line to an operator;
• Determination of the number of new passenger cars for public use with a
taximeter (taxis), which is necessary to address related transportation
needs of each county in the region and approval of cars for the needs of
local authorities to address operational needs;
• Licensing lorries and cargo cars for public or private use;
• Licensing establishment and operation of petrol stations;
• Keeping the register of drivers and cars of public or private use;
• Licensing of vessels, which run on natural and artificial lakes and
navigable rivers in the pursuit of tourism and transport trips;
• Licensing the establishment and operation of vocational schools for
training of transport managers as provided for in Reg. (EC) 1071/2009;
• Planning and conducting examinations, the examination committees and
issuing of certificates of professional competence for transport of
passengers or goods to the graduates of vocational schools for transport
managers;
• The authorisation of the establishment and operation of private national
roads and withdrawing the license temporarily or permanently if it is no
longer subject to the conditions under which it was;
• Issuing of Community licenses for international road transport, within the
Community, issuing of control documents for international occasional
carriage of passengers by coach and bus, as provided for in Reg.
(EC)international 1073/2009, INTERBUS Agreement (2002/917/EC
Decision of the Council) and bilateral Agreements the granting of a
certificate for road transport on own account, between EU Member States,
• Licensing the establishment and operation of vocational training drivers
of vehicles carrying dangerous goods;
• Licensing of private Centre of Technical Control of Vehicles (K.T.E.O).
Telecommunications and posts
• Issuing professional licenses for radio-engineers and radio-technicians;
• Issuing general certificates for radiotelephone and radiotelegraph
operators;
• Invigilating the market on electromagnetic compatibility issues;
• Issuing licenses for radio electrical laboratories.
• Licensing the radio amateur service.
• Administrating, reviewing and revoking licenses for CB, experimental
stations and private mobile radio.
361
Municipal Level
Transport
• Construction, maintenance, and management of municipal roads, parks,
and public spaces;
• Urban planning and housing, building licensing, and control;
• Traffic regulation and planning;
• Public parking;
• Local public transport;
• Municipal transport with fares, which is of a contributory character and
covers only operational needs. Municipal transport is used in the event
that there is no public transport or for transporting residents belonging to
social groups such as disabled, elderly and children, municipality
employees and students to and from school;
• Urban transport; establishment of lines, stops, tariffs, passenger stops,
withdrawal of buses;
• Construction and maintenance of local roads;
• Urban traffic control;
• Aqueducts and motorways;
• Prohibiting car parks in certain areas;
• Licensing road transport drivers (passenger/goods);
• Licensing car and motorcycle maintenance and repair technician places,
car emissions controls; and
• Licensing training schools for driving cars and motorcycles.
• Dealing with outdoor advertisement, in order to ensure road safety;
• Management and exploitation of area zone of the ports of their
jurisdiction and the construction and maintenance of the port works;
• The municipal Port Funds.
Telecommunications and posts
Municipalities have no competence.
Sources
Ministry of Development, Competitiveness, Infrastructure, Transport and
Networks, according to Presidential Decree 85/2012(OG 141/21.06.2012)
Open Society Institute, Territorial Consolidation Reforms in Europe, drafted by
Pawel Swianiewicz, 2010, Budapest
362
Communities’ Articles 75, 76 and 83
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Article 185
Law 4071/2012 (OJ A 85/11.04.2012).
363
National Level
The central Government, through the Ministry of Labour, Social Security and
Social Welfare is responsible for:
• Formation and preparation of the Employment Section of the National
Reform Programme;
• Supervision of the procedure of collective redundancies and issuing of
ministerial decisions for their approval or rejection (Law 1387/1983);
• Supervision of the Public Employment Services (PES) and issuing of
ministerial decisions for programmes regarding active labour market
policies implemented by the PES;
• Individual and collective labour agreements, collective mediation and
collective dispute resolution;
• Working time limits;
• Gender equality and equal opportunities;
• Employment and temporary employment services;
• Social integration of foreign workers in Greece and of Greek workers
abroad;
• Health and safety at work, definition of heavy and unhealthy occupations,
prevention of occupational accidents and occupational diseases;
• Management of EU and other funds related to human resources
development; and
• Representation of Greece to the International Labour Organisation (ILO)
and collaboration with other international organisations.
The Labour Inspectorate Body investigates and prosecutes violations of labour
law, illegal employment and uninsured working in the private sector.
The main organisations supervised by the Ministry are:
• The Organisation for the Employment of Working Manpower (OAED);
and
• The National Institute of Labour and Human Resources (EIEAD).
364
Regional Level
• Implementing and, in certain cases, designing and evaluating, action
programmes and initiatives in the framework of national and European
policies that aim at promoting employment and social integration;
• Approving or rejecting collective redundancies and extending
consultation between employer and employees; (shared competence
between central and regional level. The latter depends on whether the
branches of the enterprise are established in one or more prefectures);
• The imposition of fines to employers that infringe employment
legislation;
• The formation of councils and committees under the jurisdiction of the
Ministry of Labour and Social Security with the exceptions foreseen in
para. 8 of Article 77 of Law 3996/2011;
• Regulation of special holidays for special categories of employees (e.g.
employees of theatre companies) and the granting of compensatory rest
periods for employees on other days except Sunday; and
• Extension of the obligation of keeping Diary of Security measures for
buildings to small towns of less than 10,000 habitants;
• Ensuring gender equality through the Regional Committee for Gender
Equality.
Municipal Level
• Implementing or participating in comprehensive local plans and action
programmes and initiatives with the aim of promoting employment and
social under national and European policies;
• Establishment of Centres for Vocational Guidance and Vocational
Training adapted to the local needs of the population especially, in rural
and island areas under national and European policies;
• Contributing to local employability and equal access to the labour market
with advisory activities provided free for the unemployed with the
establishment of Municipal and Community Information Offices for
Employment, in cooperation with public institutions and local businesses;
• Licensing of certain categories of professions; and
• Defining working-time limits for certain categories of professions.
365
Sources
Ministry of Labour, Social Security and Social Welfare, according to
Presidential Decree 88/2012, (OG 143/4-7-12) and on 21.06.2012, according to
Presidential Decree 85/2012(OG 141/21.06.2012)
Law 3463/2006(OJ Α 114/30.6.2006) ‘Code for Municipalities and
Communities’, Articles 75 and 85.
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Article 186.
366
c. Social policy
National Level
The central Government through the Ministry of Labour, Social Security and
Social Welfare, the Ministry of Justice, Transparency and Human Rights and the
Networks is responsible for:
• Meeting the poverty rate target and addressing the key measures to attain
the national targets of the 20-20-20 package; The support of the National
Committee on Social Protection;
• Development and implementation of anti-poverty measures;
• Healthcare and long-term care for the elderly;
• Social protection and rehabilitation of special categories of persons, i.e.
minors, including accessibility issues.
At national level, a network has been composed by departments of the
Ministry of Justice, Transparency and Human Rights and departments of
the Ministry of Health, in order to provide social care and prevent
juvenile criminality;
• Anti-discrimination and equal opportunities positive measures; and
• Social economy and social entrepreneurship and other provisions.
• Family protection, family support and demographic measures.
• Social solidarity measures targeted at specific population groups, such as
victims of natural disasters, political refugees;
• Supervision and recording of measures implemented and initiatives taken
at sub national level;
• Data collection and policy design on the policy fields that lie within
social protection;
• Supervision, recording and support of initiatives in the field of social care
and social welfare (NGOS);
• Consumer protection and consumer policy in Greece through the General
Secretariat for Consumer Affairs of the Ministry of Development,
Competitiveness, Infrastructure, Transport and Networks.
367
Regional Level
• The determination of the conditions and procedure for granting property
to beneficiaries, the issuing and revocation of the grant, the setting of
instalments and the collection of debts of old and new refugees;
• Funding of municipal non-profit corporations, established or co-founded
by the Region that aim to confront the problems stemming from the use of
addictive substances (drugs);
• Conducting social research for the implementation of welfare programmes
and social work issues;
• The determination of the conditions and procedures for exercising social
work in all fields, as well as training students for social work during their
internships;
• Licensing and revocation of licenses to practice as social worker and
keeping the relevant register;
• The exercise of powers relating to the Social Advisor (Law 2345/1995);
• Supervision of the Unit for the Care of Elderly and the Child Protection
Agencies including the preparation and drafting of reports on similar
proposals; and
• The implementation of programmes to protect mothers and preschool
children.
• Ensuring gender equality through the Regional Committee for Gender
Equality.
Municipal Level
• Supporting the social care of infants, children and the elderly with the
establishment and operation of nurseries, orphanages, care centres, centres
of entertainment for the elderly, nursing homes etc. and implementation of
related social programmes;
• Supporting vulnerable groups by providing health and mental health
services, such as municipal clinics, centres for support and rehabilitation
of persons with disabilities, mental health centres, counselling support to
victims of domestic violence and violence against persons and centres of
drug prevention;
• Facilitating vulnerable groups through decreasing up to 50% of local
taxes or fees, or promoting the total exemption of certain categories of
their obligation to pay local taxation
368
• Supporting the homeless and the economically weak by granting them
municipal land, providing them with social housing, leasing of real estate
and/or by providing them financial aid, sanitary living, etc.;
• Establishing ‘social groceries’ providing food, clothing, books, toys,
household, etc. for citizens due to the current economic and financial
crisis
• Establishing Local Councils for Crime Prevention as consultative
advisory bodies. They are formed by judges, police officers, sociologists
and psychologists in order to develop an alternative anti-criminal
decentralized policy, tailored to specific needs and demands of local
communities, to develop programmes etc;
• Cooperation with local minor protection groups within the framework of
the network for the prevention of juvenile criminality
• Implementing programmes or participating in actions for the social,
economic and cultural integration of Roma, immigrants, refugees and
returning expatriates;
• The establishment of local networks of solidarity and voluntary
organisations;
• The supervision of charitable organisations and foundations as well as the
approval of their budget and the monitoring of their receiving state grants
or funding;
• The authorisation of individuals and charitable associations or unions
aiming at child welfare as well as the authorisation of private care
companies for elderly people suffering from incurable physical
disabilities. The authorisation of public and private child day nurseries;
• Granting the “disability card”, upon consulting the respective certification
committee. The payment of allowances to disabled and other persons
granted social protection; and
• Appointing a Board for the Welfare and Protection Fund for families with
many children.
• Supervision of child protection in private institutions
(private
kindergartens);
• Function and responsibility of children's summer camps;
• Licensing of municipal and private childcare or nursery; and
• Deciding on local health conditions and measures on public health.
• Establishment of municipal police in order to ensure the smooth social life
of the population and the proper functioning of cities;
• Licensing of slaughterhouses;
• Protection of the consumer through the establishment of consumer
information agencies;
• Establishment of committees of conciliation of disputes between suppliers
and consumers and preservation of a consumer register.
369
Sources
Decree 57/1973(OG A’143/14.07.1973).
Kontiadis, X., Apistoulas, D., Reform of social state and local self-government,
Papazisi Publishers, Athens 2006 (in Greek).
Communities’, Article 75 and 84 as amended by Kallikratis.
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Article 94 and 186.
Law 3905/2010, (OJ Α΄ 219 /23.12.2010), Article 51 par. 3α.
Law 4019/2011 (OJ A 216/30.09.2011) on Social Economy.
Networks, according to Presidential Decree 85/2012(OG 141/21.06.2012).
Ministry of Health, according to Presidential Decree 85/2012(OG
141/21.06.2012).
Ministry of Justice, Transparency and Human Rights, according to Presidential
Decree 85/2012(OG 141/21.06.2012).
Presidential Decree 85/2012(OG 141/21.06.2012).
Pawel Swianiewicz, 2010, Budapest.
370
d. Education policy
National Level
The Ministry of Education, Religious Affairs, Culture and Sports is responsible
for:
• Lawmaking in relevant fields;
• National planning for education for pre-school, primary, secondary and
higher education;
• National planning for vocational education and training
• National planning for youth policy;
• Certification of vocational qualifications
• Management and financing of the construction of school buildings;
• Drafting and publishing school books; and
• Publishing books for students of higher education institutions.
It has the following General Secretariats:
•
•
•
•
•
The General Secretariat for Youth,
The General Secretariat for Religious Affairs,
The General Secretariat of Culture,
The General Secretariat of Sports,
The General Secretariat for Life-long learning.
The National Education Board is responsible for consultation and transmission
of matters and cases of higher education to the government.
Regional Level
• The preparation and execution of programmes that address issues of
environmental education and youth education, according to the respective
plans of Ministry of Education, Religious Affairs, Culture and Sports;
• The appointment and the replacement of the governors of institutions
offering scholarships in the territorial jurisdiction of the region;
• Temporary cancellation of courses, due to extraordinary circumstances or
in the case of an epidemic in the spatial competence of the region;
• Approving school trips for students;
• Establishing school committees, which operate in schools of religious
education;
371
• Approving twinning local schools with schools abroad; and
• Licensing for the establishment and operation of Schools of Dramatic Art,
Dance and Film.
• The formation and care of the operation of pre-existing prefectural
committees of people’s education;
• Coordination of educational institutions involved and the management of
their accounts held at the Bank of Greece.
Municipal Level
Municipal authorities are responsible for154:
• The construction or improvement of the infrastructure of the national
system of primary and secondary education, particularly the maintenance
of school buildings;
• The establishment and operation of municipal libraries, creative centres
for children and traffic education parks;
• The appointment of the eligibility committee for the selection and
assessment of the land for the construction of the school or the selection
of an eligible building, the rental of property to accommodate public
schools etc;
• The expropriation of land for the construction of school buildings;
• The availability of the school building for the organisation of events of
common interest, in collaboration with the School Committee;
• The repair, maintenance and utilisation of traditional and historic school
buildings
• Transfer of students from their home for school attendance and vice versa
(free of charge);
• The supervision of the parents’ associations of each school;
• The organisation of concerts and other cultural events for students, upon
approval of the School Committee;
• The allocation of funds to the School Committees for the maintenance of
school buildings;
• Sanctioning parents and legal guardians who do not enrol their children in
school and neglect their attendance; and
• Licensing the establishment and operation of private music institutions.
372
Sources
Communities’, Article 75.
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Article 94 and 186.
Ministry of Education, Religious Affairs, Culture and Sports, according to
373
National Level
for:
• vocational and technical education of adults above 18 years old; and
• Lifelong learning for adults supported by the General Secretariat of
Lifelong Learning.
Regional Level
• The adaptation and preparation of programmes in order to support lifelong
learning, under the guidelines and the policy of the Ministry of Education,
Religious Affairs, Culture and Sports; and
• Exercising functional responsibilities, including the thematic
specialisation of public vocational training institutes.
Municipal Level
• The support of entrepreneurship and vocational training services as well
as the establishment and operation of centres for vocational guidance and
vocational training;
• The implementation of lifelong learning and adult learning programmes
within their respective national and regional planning;
• The preparation and implementation of local human resource
development; and
• The development and implementation of technological development.
374
Sources
Presidential Decree 50/2008 (OG A’81/08.05.2008).
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Articles 94 and 186.
Law 3879/2010(OG A’163/21.09.2010).
375
f. Youth and sport policy
National Level
The central Government is responsible for:
Youth policy
for youth policy through the General Secretariat for Youth. The General
Secretariat for Youth was set up in 1982 as a governmental institution
responsible for planning, coordinating and implementing a fully realised policy
for the children and young people of Greece. Its main role is to promote a crosssectoral youth policy, also taking into consideration all the relevant
developments in the youth sector at European and international level.
In this respect, the General Secretariat for Youth comprises departments
covering employment and development, culture and leisure time, education,
social policy and social participation, international cooperation and information.
The General Secretariat for Youth implements programmes and projects which
are in relation to its three main policy areas:
• Entrepreneurship- training- labour relationships;
• Social policy- young people with fewer opportunities- policy for the child;
and
• Environment- climate change - green development.
The Youth and Lifelong Learning Foundation is a national public body
responsible for the implementation of actions, programmes and projects for
young people, with an emphasis on supporting young people in their career,
promoting and supporting youth innovation and the management of any issues
concerning pupil and student care.
The Youth and Lifelong Learning Foundation is responsible for the
implementation of European Youth Programmes in Greece (Youth in Action &
Eurodesk EU Programmes, European Youth Card).
At a decentralised state level, the newly established Decentralised Authorities
have responsibility for the elaboration and implementation of youth
programmes.
Sport policy
376
The General Secretariat for Sports of the Ministry of Education, Religious
Affairs, Culture and Sports formulates, manages and evaluates the strategic
programmes of sports policy. In particular it is responsible for:
• Promoting and consolidating the sense of fair play and sport spirit in the
social consciousness;
• Safeguarding and spreading the Olympic values at national and
international level by any means;
• Drafting and implementing the operational and regular action plans and
projects;
• The organisation, administration and evaluation of sports services through
a systematic monitoring for the implementation of their goals in order to
ensure effectiveness, efficiency and quality;
• The evaluation of the applied sport policy results; and
• The supervision and control of a number of sport organisations and sport
facilities in accordance with the applicable provisions and based on the
strategic planning of sport policy.
The Special Secretary of Nutrition and Sport (Ministry of Health) is responsible
for:
• Promoting suitable measures aiming at proper forms of physical exercise,
as well as the cultivation and diffusion of sports programmes and events
in school and academic communities in close cooperation with all
responsible bodies and entities;
• Participating in the National Committee for School Sports and Olympic
Education aiming at the formulation of the national framework of school
sports policy;
• Developing a “Sport Map” which lists all sports facilities and open
athletic facilities in order to encourage access to sport and participation
for all ages and gender. This action includes the provision of sport
programmes in municipalities, communities, labour unions, educational
institutions, etc.;
• Providing information to all citizens regarding the capabilities of access
and participation in “Sport-for-all” programmes; and
• Developing and implementing new actions for lifelong exercise.
377
Regional Level
Youth policy
• The preparation and implementation of programmes concerning
environmental education, youth and adult education according to the
respective plan of the Ministry of Education, Religious Affairs, Culture
and Sports.
Sport policy
• The implementation of sports programmes in cooperation with the
Ministry of Health and the Ministry of Education, Religious Affairs,
Sports and Culture, mainly the General Secretariat of Sports, sports clubs,
municipalities and other public or private agencies; and
• Participating in sports organisations’ programmes and the coordination of
activities of cultural institutions in the region;
• The supervision of the National Sport Centres.
Municipal Level
Youth policy
• Promotion of implementation of national programmes for young farmers.
• Establishment of Local Youth Councils, in order to strengthen young
people’s participation in the management of local issues which
correspond to their interests in every municipality of the country.
• Forming a Municipal Committee for Consultation, in which to include
representatives of their Local Youth Council as well as to create
administrative units with different responsibilities, among which one
under the responsibility of Education, Culture, Sports and Youth
378
Sport policy
• Sport facilities;
• The construction, maintenance and management of sports facilities,
including municipal gymnasiums and sports centres;
• The promotion and implementation of supporting programmes for mass
sports and organisation of sporting events;
• Provision of sport programmes within the framework of “Sports-for-All”
as well as the provision of them in communities, labour unions,
educational institutions, etc.; and
• The approval of competition of fishery sport.
Sources
General Secretariat for Youth/Institute for Youth Law 3463/2006 (OJ Α
114/30.6.2006) ‘Code for Municipalities and Communities’, Article 75.
Hellenic National Council for Combating Doping Law 3852/2010 (OJ Α
87/7.6.2010) ‘Reorganisation of Local Government - Kallikratis Programme’,
Articles 94, 186.
Presidential Decree 274 (A’ 130/1982).
379
g. Culture policy
National Level
The Ministry of Education, Religious Affairs, Culture and Sports is supported
by four General Secretariats:
•
•
•
•
•
The General Secretariat for Youth;
The General Secretariat for Religious Affairs;
The General Secretariat of Culture;
The General Secretariat of Sports; and
The General Secretariat for Life-Long Learning.
They are supported by State regional services.
The State is responsible for:
• Development of overall policy;
• Antiquities and cultural heritage, archaeological research, unification of
archaeological sites;
• Controlling the circulation and export of historic and artistic goods; taking
measures for their integrity and security;
• Administering and supervising the data base “Ulisseus” (Odisseas) for
cultural heritage and digital collections;
• Supervising private collections;
• Building and restoring museums - restoration of monuments; and
• Modern civilisation, support and funding of performing arts, dancing,
theatre etc.
Regional Level
• Participating in cultural organisations’ programmes and the coordination
of activities of cultural institutions in the region;
• The adoption of awards, grants and other means in order to encourage
literature and the arts, while strengthening and supervising respective
organisations;
• The joint organisation of cultural events with local organisations in order
to maintain the local cultural heritage and its dissemination to young
people;
380
• Strengthening relations with the region's secondary organisations who
represent all emigrants nationwide or internationally;
• The formation and care of the operation of pre-existing Prefectoral
Committees of People’s Education;
• Coordination of educational institutions involved and the management of
their accounts held at the Bank of Greece; and
• Licensing for the establishment and operation of Schools of Dramatic Art,
Dance and Film.
Municipal level
• Cultural facilities;
• The implementation of policies for the promotion and protection of local
culture, cultural goods and cultural products of art produced locally, as
well as the creation of cultural and spiritual centres, museums, galleries,
cinemas and theatres, bands and music teaching schools, school dance,
painting, sculpture etc;
• The protection of museums, monuments, and archaeological and historical
sites in the area;
• The repair, maintenance and utilisation of traditional and historic school
buildings as well as buildings granted by public or private entities;
• The organisation of concerts, theatrical performances and other cultural
events;
• The promotion of cultural exchanges at national, European and
international level;
• The development of cultural tourism;
• The participation of a representative on the organising committee of local
festivals;
• The funding of bodies that develop cultural activities in the territorial
jurisdiction of the municipality;
• Licensing local theatres, cinemas, etc.;
• The organisation of concerts and other cultural events for students upon
approval of the School Committee;
• Culture;
• Licensing the establishment and operation of private music institutions;
and
• Dealing with outdoor advertisement, in order to ensure the city aesthetics
and cultural character.
381
Sources
382
National Level
The central Government (Ministry of Health) is responsible for:
• The adoption of health policy;
• Sanitary control on water and waste, Control of atmospheric pollution,
radiation, ionizing and non-radiation;
• Healthy environment and sanitary mechanics - hygiene health units;
• Protection of public health from epidemiology diseases - public health
regulations for workers’ health;
• Supervision of pharmaceutical agencies, drugs and cosmetics;
• Pharmaceutical price determination for insured persons (Article 39
N.3918/11);
• Primary health care, health development unit;
• Oral health;
• Mental health;
• Addictions;
• Supervising public and private authorities; and
• Nutrition policy, support nutrition services.
Regional level
• The administration of the regional health authorities that supervise
hospitals and public health in Greece, formerly established by the preexisting prefectures (“Health Regions” – DYPE);
• Licensing and revocation of licenses for health professionals and the
establishment of private clinics;
• The exercise of powers on issues of trans-national adoptions;
• Permission to import, install and operate machinery that produces ionising
radiation for medical purposes as well as the operation of radioisotope
laboratories for medical applications;
• The authorisation of the establishment and operation of public and
private laboratories, which conduct microbiological tests of water control,
food or beverage, excluding workshops of the General Chemical State
Laboratory;
• The imposition of administrative sanctions on doctors and dentists
according to current legislation; and
• The implementation of public health programmes.
383
Municipal level
• Local medical assistance centres;
• The provision of measures for protection of public health, e.g. the health
control of municipal water tanks, health checks of shops and businesses
operating in the region, noise control, stray animals, shelters, etc;
• Informing the citizens on public health issues;
• The implementation of programmes, in order to combat infectious and
parasitic diseases of animals;
• The implementation of programmes and in particular:
Public health programmes planned by the Ministry of Health or other
ministries;
Temporary public health programmes, carried out with temporal
funding; and
Public health programmes financed by EU funds.
• The publication of local health provisions and measures on public health;
• Licensing “stores of sanitary interest” such as restaurants, bars, fast food
and coffee shops.
• Imposition or removal of hygiene measures on animals, stores, etc.
Sources
Ministry of Health, according to Presidential Decree 85/2012(OG
141/21.06.2012)
Pawel Swianiewicz, 2010, Budapest
384
National Level
• The Ministry of Development, Competitiveness Infrastructure, Transport
and Networks is responsible for the interconnection of Greek ports in
order to create trans-European sea avenues;
• The Ministry of Environment, Energy and Climate Change is responsible
for the energy interconnections (oil, gas, electricity) at national level but
also in the frame of Trans-European Energy Networks and EU Critical
Energy Infrastructure;
• The Ministry of Development, Competitiveness, Infrastructure, Transport
and Networks is responsible for:
Establishing the national policy and the institutional framework for its
implementation in the field of public works;
Supervising construction activities across the country;
Developing long-term and annual projects, securing funding and
monitoring the course of their execution; and
The development of a rational framework for monitoring the technical,
organisational and financial capacity of contractor companies that
undertake the construction works.
• Under the administrative authority of the Ministry, the General Secretariat
of the Ministry, the General Secretariat of Public Works and the General
Secretariat of Co-funded Public Works are responsible for:
Developing and implementing national policy concerning the creation
of appropriate institutional framework, and contributing to policymaking within the European and international framework concerning
the development of high quality and competitive transport,
telecommunications and postal services;
Promoting safety and security of transport and telecommunications;
and
Supporting the Information Society.
The Ministry of Interior in cooperation with the Ministry of Development,
Competitiveness, Infrastructure, Transport and Networks and the Ministry of
Foreign Affairs are responsible for ensuring the effective implementation of the
Regulation EC1082/2006 that establishes European Groupings of Territorial
Cooperation.
385
In addition, a Special Committee composed of representatives of the abovementioned ministries and of local authorities and seated in the Ministry of
Interior decides on issues of trans-European networking policy.
Regional Level
• Setting up and participating in national, international and European
networks of regional authorities, aiming at the coordinated and targeted
promotion of their objectives, especially trans-national and trans-regional
territorial cooperation as well as the dynamic participation in respective
foreign networks or programmes and initiatives;
• Implementing international and European collaborations under the
international, European Union and national law, according to the scope of
their responsibilities and subject to the country’s international obligations,
as following:
Programmes and initiatives of international
organisations;
Mission exchanges and organisation of events;
Twinnings; and
European Groupings of Territorial Cooperation.
and
European
• Approving twinning of local schools with schools abroad.
Municipal Level
• Setting up and participating in national, international and European
networks of municipal authorities, aiming at the coordinated and targeted
promotion of their objectives, especially trans-national and intermunicipal territorial cooperation as well as the dynamic participation in
respective foreign networks or programmes and initiatives;
• Implementing international and European collaborations under the
international, European Union and national law, according to the scope of
their responsibilities and subject to the country’s international obligations,
as following:
Programmes and initiatives of international
organisations;
Mission exchanges and organisation of events;
386
and
European
Twinning of cities’ initiatives aiming at promoting their economic,
cultural, educational and social relations; and
European Groupings of Territorial Cooperation in order to facilitate
and promote cross-border, trans-national and/or interregional
cooperation with the exclusive aim of strengthening the economic and
social cohesion.
Sources
Communities’, Articles 219, 220, 221.
Ministry of Environment, Energy and Climate Change, according to Presidential
Decree 85/2012(OG 141/21.06.2012).
Ministry of Foreign Affairs, according to Presidential Decree 85/2012(OG
141/21.06.2012).
Ministry of Interior, according to Presidential Decree 85/2012(OG
141/21.06.2012).
Statute Law 3613/2007(OJ A 263/23.11.2007)
387
j. Economic, social and territorial cohesion policy
National level
Central Government is responsible for the planning, implementation, monitoring
and audit system of cohesion policy, through the following public authorities:
The Ministry of Development, Competitiveness Infrastructure, Transport and
Networks is responsible for the coordination of the planning and monitoring of
the structural funds European Regional Development Fund (ERDF), European
Social Fund (ESF), Cohesion Fund (CF) which co-finance the National Strategic
Reference Framework (NSRF). It is supported by a non-profit public
corporation established in 1996, the Management Organisation Unit (MOU SA).
The Ministry, in accordance with the Law 3614/2007 and the decision to set up
the Special Secretary for NSRF 134/2011, is responsible for:
• Regional development, social and territorial cohesion through public and
private investments;
• The National Strategic Reference Framework 2007-2013;
• State aid; and
• Public procurement.
The above tasks are implemented via the following structure:
• General Secretariat for Investments and Development is responsible for
the implementation of European territorial cooperation programmes and
the certifying authority for Structural Funds;
• Special Secretariat for NSRF which is responsible for the Greek NSRF
2007- 2013 that includes 9 Sectoral, 5 Regional Operational Programs and
14 European Territorial Cooperation Programmes. The Special Secretariat
is assisted by the National Coordination Authority, with the following
responsibilities:

Is the main counterpart of the country with the Commission
regarding NSRF;
Monitors and coordinates the planning and implementation of the
NSRF and its operational programmes, paying particular attention to
the compatibility between the national policies and the policies and
priorities of the European Union; and
Is responsible for designing the management and control systems.
Supervises the effective application and adaptation of policies and
validates the responsibilities of the managing authorities. Issues
388
directives and provides guidance related to the management, of
operational programmes.
Spatial planning
The Ministry of Environment, Energy and Climate Change is responsible for:
• General policy on spatial planning;
• Establishing strategic directions and general and specific spatial planning
frameworks at national and regional level, including for the promotion of
renewable energy sources;
• The establishment, organisation and operation of a national information
and observation system of spatial planning;
• The promotion, in cooperation with other competent units, of integrated
strategic projects about spatial planning and sustainable development at
national or regional level;
• Funding or preparing studies concerning the preparation, completion,
amendment or revision of national (general and specific) and regional
frameworks of spatial planning and sustainable development.
The National Council for Spatial Planning and Sustainable Development
promotes social dialogue and consultation with representatives of local
authorities and key social and scientific units.
The Committee of Government Policy Coordination in the field of spatial
planning consists of competent ministers in order to better coordinate the
respective government bodies and agencies.
The Managing Authority of the regional operational programmes is under the
Ministry of Development and Infrastructure.
ESF interventions are implemented for the whole country through operational
programmes at the national level.
The ESF resources are managed through the Special Managing Authorities in
the Ministries of:
• Labour, Social Security and Social Welfare;
• Education, Religious Affairs, Culture and Sports;
• Public Administration Reform and eGovernance
389
They are all coordinated through the “Special Agency for the Coordination of
the European Social Funds” at the Ministry of Labour, Social Security and
Social Welfare.
Cohesion Fund
It is implemented at national level under the Ministry of Development,
Competitiveness, Infrastructure, Transport and Networks.
Regional level
European Regional Development Fund (ERDF) and the Regional Development
Policy
• Planning, programming and implementation of actions of regional
development;
• Specification of objectives and guidelines and preparation of proposals for
the formation of the regional development policy;
• Coordination of the agencies, which are responsible for the enforcement,
the monitoring and implementing of the region’s development
programme;
• Cooperation with regional agencies in planning proposals and
implementing projects financed by the EU initiatives and interregional
cooperation;
• The final configuration, implementation and monitoring of the annual
public investment programmes at regional level; and
• The management, monitoring and implementation of development
interventions for the period 2007-2013, as defined by the National
Strategic Reference Framework.
The ERDF finances 8 Greek regions (Objective 1) and 3 Phasing out Greek
Regions (Central and western Macedonia and Attica).
Spatial planning
• Providing opinions to the Ministry for:
Projects of regional spatial planning;
Identification and the borders of “Areas of Organised Development
of Production Activities”;
“Projects of Integrated Urban Interventions”.
390
• Assignment and monitoring of the implementation of General Urban
Plans;
• Coordinating the implementation of public works which are provided by
the General Urban Plans and urban planning studies, including monitoring
expropriation;
• Approving partially-identified amendments to the implemented projects
of town planning for the conditions of their use and structuring;
• Developing and monitoring draft programmes for spatial planning
construction and studies about traffic improvements;
• Managing and monitoring special spatial planning programmes at
regional level;
• Drafting and approving regional frameworks of management of waste,
including at port facilities;
• The preparation, implementation and evaluation of plans for protected
areas; and
• The construction, maintenance and renovation of roads, flood protection,
building, electrical and marine works.
Implementation of training programmes for unemployed in order to become
high-skilled personnel in 8 “Cohesion” Regions including Eastern MacedoniaThrace, Western Greece, Ipeiros, Thessalia, Ionian Islands, Northern Aegean,
Peloponisos, Creta.
391
Municipal level
European Regional Development Fund (ERDF) and National Strategic
Reference Framework (NSRF)
• Indicating local needs;
• Providing an opinion for the establishment of Industrial and Business
Areas (V.E.PE.) and the environmental impact assessment.
Spatial planning
• Spatial planning for their territory in accordance with national guidelines
and regional laws, programmes and plans;
• Local land use plans and infrastructure planning;
• Special role of the quality of life committee, as for urban planning, land
use planning, environment, business and shop licensing, in determining
street market spaces and outdoor trade places.
In particular:
• The development of local programmes for the protection and
enhancement of natural, architectural and cultural environment, within the
national and European policies.
• The study, management and implementation of programmes for housing
and urban development, restoration of buildings and areas.
• The identification of appropriate sites to make public spaces (parks, etc),
street markets and fairs, sites for the temporary residence of displaced
populations, waste management sites and cemeteries the provision of
opinions about cremation sites, while preserving and enhancing the
aesthetics of towns and villages;
• Securing and improving the technical and social infrastructure in towns
and villages such as construction, maintenance and management of water
supply, district heating, lighting projects in public spaces, parks,
recreation areas, squares and other outdoor public spaces; and
• The construction, maintenance and operation of underground and aboveground parking spaces and parking control;
• The traffic regulation, the determination of walkways, and one-way
direction streets, the removal of abandoned vehicles and general measures
to avoid adverse effects on traffic safety.
392
Contributing to awareness and implementation of its actions.
Sources
Decision 6877/4872/2008, (OJ Α 128/ 2008), General Framework for Spatial
Planning and Sustainable Development.
Law 3614/2007 (OJ A 267/03.12.2007), "Management, monitoring and
implementation of development interventions the programming period. 20072013".
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Article 186
Law 3908/2011, (OJ A 8/1.2.2011), “Reinforcement of Private Investments for
Economic Development, Entrepreneurship and Regional Cohesion”.
Decree 85/2012(OG 141/21.06.2012).
Ministry of Finance, according to Presidential Decree 85/2012(OG
141/21.06.2012).
Ministry of Public Administration Reform and E-Governance, according to
National Strategic Reference Framework 2007-2013
Presidential Decree 189/2009, (OJ A 221/5.11.2009), General Secretariat of
Investments and Development.
Statute Law 3614/2007, Article 4.
The European Social Fund (ESF) in Greece, ESF Actions Implementation
Authority
393
j. Environment and the fight against climate change policy
National Level
The Ministry of Environment, Energy and Climate Change is in charge of:
• Integrating the economy with the environment and incorporating
principles, values, ecological awareness and priorities for sustainable
development;
• Promoting the use of energy from renewable sources and introducing
sustainability criteria for biofuels and bioliquids;
• Improving the urban environment with a focus on atmospheric pollution
and noise control in major cities;
• Conserving and recovering balance, harmony and diversity in Greek
wildlife and ecosystems;
• The integrated and rational management and control in the protection of
the quality and quantity of water resources;
• Developing Environmental Education - updating and increasing
ecological awareness through training;
• Cooperating with organisations and ecological, environmental and life
quality movements as well as motivating all citizens to participate
creatively and play an active role in activities;
• Developing strategic planning about:
Addressing climate change by switching to a low carbon competitive
economy;
Protecting and managing sustainable natural resources;
Upgrading the quality of life while respecting the environment;
Strengthening mechanisms and institutions of environmental
governance.
• Planning and funding projects and actions about “Green Development”,
the protection of the Environment, climate change, forests as well as
urban development.
Under the administrative authority of the Ministry several Directorate Generals
function for example:
•
•
•
The Directorate General for Energy.
The Directorate General on Natural Resources.
The Directorate General of Administrative Support.
394
The special standing committee for the protection of the environment of the
Hellenic Parliament is responsible for drafting legislation and parliamentary
scrutiny.
Regional Level
• Specification of the guidelines on environmental policy at regional level
Application of the conditions for approval of environmental projects and
activities;
• Provision of information to the general public about the quality of
environment and the polluting activities in the region, and for operation of
the national network for the environment;
• The recommendation to the regional council, based on environmental
criteria to secure funding sources and the distribution of the
appropriations and proposals for measures to protect the environment in
the region and particularly in sensitive areas (habitats etc.);
• Implementation and evaluation of operation and management plans of
protected areas;
• Licensing disposal of industrial wastewater and municipal sewage from
treatment plants - authorisation for the deposit or storage of waste
containing asbestos - the approval and monitoring of the implementation
of regional management of waste;
• The control of environmental conditions in order to implement legislation
of environmental protection;
• Imposition of fines for infringement of environmental protection
legislation;
• The assignment of monitoring and implementing the General Urban
Planning Schemes;
• The drafting of infrastructure development plans for the enforcement of
the climate change consequences on tourism; and
• The creation of inter-level associations (FODSA) for the integrated solid
waste management of the region.
395
Municipal Level
• The development of local programmes to protect and enhance the natural,
architectural and cultural environment, in the framework national and
European policies;
• The operation of the municipal forests;
• Assisting the relevant fire department by all appropriate means available
to tackle fires, especially in forest areas;
• The protection and management of the regional (soil and inland) water
resources from extensive fisheries and pollution;
• Local water supply, irrigation, and sewage systems;
• The establishment and operation of municipal laboratories;
• The cleanliness of all common areas of their territorial area, the removal
and waste management, sanitation of all common spaces;
• Waste management and the construction, maintenance and management
of sewer systems;
• Managing solid waste, maintenance and management of sewer systems
and sewage treatment and preventive and repressive measures to protect
public spaces, especially the dumpsite event of fire;
• The establishment and operation of slaughterhouses;
• The study, management and execution of housing and urban development
programmes;
• Measures for the restoration and rebuilding of local areas where mineral
resources exploitation has occurred or areas where facilities of waste
management are installed;
• Issuing building permits;
• Participating in town planning, regional planning and land use as provided
by law;
• Monitoring architecture, structural, electrical and thermal studies as well
as maintaining tax records for industrial buildings;
• Definition of sites for cemeteries and provision of an opinion for setting
cremation sites;
• The issuance of building permits, control studies and imposition of fines
for making illegal constructions in the legislation;
• Monitoring the “Clean Beaches - Clean Seas Programme” which is
launched by Ministry of Environment, Energy and Climate Change;
• The preliminary proposal for redevelopment of a certain area; and
• Dealing with outdoor advertisement in order to ensure environment
protection.
396
The Municipalities also have consultative responsibilities:
• Before government authorities issue any administrative regulation
concerning environmental protection, regulatory or spatial plans, decision
on plant location and other activities, they should consult the municipal
councils of the municipalities or communities or the boards of
Associations of Municipalities and Communities in the region in which
the measure will apply;
• They cannot decide on expropriation, disposition, or any kind of
intervention or restriction in the administration and disposal of municipal
or communal lands, works, services and water for irrigation or drinking
without prior consent of the relevant municipal council (Art. 77).
Sources
Law 3852/2010 (OJ Α 87/7.6.2010) ‘Reorganisation of Local Government Kallikratis Programme’, Art. 94 and 186.
Law 4042/2012 (OJ A 24/13.02.2012).
Decree 85/2012(OG 141/21.06.2012).
Presidential decree 78/2006.
397
l. Energy policy
National Level
The Ministry of Environment, Energy and Climate Change is responsible for:
• Developing strategic planning about:

Exploration and exploitation of hydrocarbons;
Enhancement of energy efficiency and energy saving;
Liberalisation of the natural gas and electricity markets;
Monitoring of oil, gas electricity and coal markets.
• Discovering, protecting and managing sustainable energy resources;
• Ensuring the adequacy of energy resources through stocks, international
alliances and alternative energy resources;
• Respecting the environment and sustainable development:
Improving energy efficiency and promoting energy saving;
Collecting and reporting official energy data to EU and international
organisations through EL STAT certification.
• Implementation of laws and regulations concerning production,
installation, storage, transfer, delivery, supply and safety of energy (in
particular oil and natural gas);
• Planning and funding projects and actions about “Green Development”;
• Developing policy, planning and initiatives on EU and international
energy and mineral wealth affairs, as well as promotion of bilateral,
multilateral and intergovernmental relations in these fields;
• Supervision of the Hellenic Hydrocarbon Resources Management S.A and
the Centre for Renewable Energy Sources and Energy Efficiency and the
Institute for Geological and Mineral Research;
• Developing strategic planning for mineral resources (mineral raw
materials) with the constitutional principle of sustainable development,
and controlling implementation; and
• Permitting the exploitations of metallic minerals – industrial minerals –
ornamental stones and high temperature geothermal energy.
398
The Ministry and especially the General Secretariat for Energy carries out
policy-making in the energy sector and the development of mineral resources.
Under the administrative authority of the General Secretariat, several
Directorates General function, e.g.:
• The Directorate General on Energy;
• The Directorate General on Natural Resources; and
• The Directorate General for Administrative Support.
The Hellenic Parliament has legislative and scrutiny powers.
Regional Level
• The implementation of programmes that focus on supporting small
businesses, utilising renewable energy sources such as solar, wind,
geothermal energy, and monitoring development programmes and
projects launched by the Ministry of Environment, Energy and Climate
Change;
• Permitting individuals (for their own use) to install heating/cooling
systems by exploiting the energy of geological formations or waters, not
qualifying for geothermal materials;
• Permitting individuals to construct and operate back power/energy
stations as well as the resale of petroleum products for heating; and
• The authorisation of installation, operation or expansion of energy/power
stations.
Minerals
• Establishing aggregates quarrying areas; and
• Permitting the exploitation of aggregates.
Water
• Participating in inter-regional programmes in cooperation with the
Directorate General for Water;
• Monitoring activities to detect underground bodies of water and
exploitation of water resources;
• Informing the public about the protection of aquatic ecosystems;
• Controlling the release of emissions, implementing and all necessary
preventive measures against emergencies and imposing penalties in case
of human activities resulting in water pollution;
399
• Conducting random checks; and
• Underground inland water management
municipalities.
in
collaboration
with
Municipal level
• The protection, promotion and exploitation of local natural resources and
areas of hot springs and mild or renewable energy resources as well as the
construction, maintenance and management of respective projects and
facilities;
• Planning, constructing, maintaining, operating and managing natural gas
networks; and
• The electrification as well as the extension of electrical networks and
power networks, within their administrative boundaries, in order to
stimulate the local economy or to foster charity.
Minerals
Imposition of measures for the reconstruction and restoration of areas with
minerals.
Water
Underground inland water management in collaboration with regions.
Sources
Decree 85/2012(OG 141/21.06.2012)
Presidential decree 78/2006(OG A’80/13.04.2006)
Statute Law 3175/2003(OJ A 207/29.8.2003.
400
LRAs
National Level
The Ministry of Rural Development and Food is responsible for the policy and
strategy for the agricultural sector.
Under the monitoring of the Minister there is the General Secretariat of Rural
Policy and International Relations which is tasked with matters regarding
agricultural policy, European Union and international affairs.
The Ministry of Rural Development and Food consists of six General
Directorates:
•
•
•
•
•
•
Gen. Directorate of Administrative Support
Gen. Directorate of Finance
Gen. Directorate of Plant Produce
Gen. Directorate of Animal Produce
Gen. Veterinary Directorate
Gen. Directorate of Agricultural Extension & Research
Each General Directorate consists of Directorates and Departments with specific
tasks.
Under the supervision of the Ministry of Rural Development and Food there are
various organisations such as:
• The Hellenic Agricultural Organisation “Dimitra” which is responsible for
standardisation, research, education, training, etc.;
• OPEKEPE, which is the Greek Payment Authority of Common
Agricultural Policy (CAP) aid schemes; and
• Hellenic Agricultural Insurance Organization (ELGA).
401
Regional Level
• Drafting, monitoring and assessing the implementation of annual and
multi-annual regional development plans and policies for agriculture,
livestock and fisheries;
• Drafting sectoral regional programmes for the purposes of processing
agricultural products and promoting their integration into sectoral national
programmes;
• Addressing the technical, financial and structural problems of agriculture;
• The implementation of programmes of livestock feeding in mountaindisadvantaged regions;
• Controlling and processing technical components and land reclamation
projects, as well as conducting auctions for land reclamation projects and
studies;
• Supervising the General Land Reclamation Organisations, the possibility
of merging and elimination of such entities and the supervision of the
Irrigation Agency;
• Conducting agricultural technical and economic research and research on
issues of land, aquatic and amphibian health;
• Use of the data files for the primary sector of the Ministry of Rural
Development and Food;
• Keeping data on olive and vine crops at regional level, based on the
respective registers of the Ministry of Rural Development and Food;
• Keeping a database about merchants of animal products and animal
products by the regional veterinary authorities;
• Preserving and protecting agricultural land especially highly productive
lands;
• Programming, studying and manufacturing irrigation and anticorrosive
works and securing their funding;
• Promoting mechanisation and electrification of agriculture;
• Maintaining a record of producers, distributors, exporters and importers of
plants, plant products and related products, at regional level, based on the
respective data of the Ministry of Rural Development and Food;
• The consideration of appeals against the rejection of the improvement
plans and the validity of the lists of beneficiaries of compensatory
damages;
• Promoting and supporting producers’ organisations in order to address
economic and structural issues in accordance with national and EU law.
Setting up primary and secondary committees for the recognition of
producers groups;
402
• The implementation of modern disinfection methods for exporting and
importing agricultural products;
• The determination of protection zones and destruction of illegal crops
inside those zones;
• Licensing for replanting vineyards in accordance with the respective
legislation;
• Controlling the production and marketing of wine;
• Conducting inspections in collaboration with the regional centres of plant
and quality control of the Ministry of Rural Development, on farms,
businesses and associations involved in any stage of production and
marketing of plants, plant products and other relevant objects;
• Labelling and monitoring of the evolution of crop diseases and
implementing measures to address them;
• The primary environmental evaluation, assessment and approval of
environmental conditions concerning the location and development of
industrial and manufacturing activities for the production of:
Dairy products and slaughterhouses;
Wine - vinegar production; and
Seeds - juice.
• Monitoring and supervising programmes of livestock health;
• Control of the livestock market through electronic systems;
• Ensuring the legal trading of agricultural and livestock medicines and
taking samples for analysis;
• Control of epizootic diseases of wild animals which are transmissible to
humans or other animals, and the coordination of actions with the
competent authorities in order to effectively prevent its transmission;
• Control of industries that produce animal food; and
• Control of animal food as far as the labelling of genetically modified
organisms is concerned.
403
Municipal Level
• Setting up and operating Bureaus of Agricultural Development;
• Planning and implementing works of technical infrastructure, of local
interest, concerning agriculture, livestock and fisheries and in particular
rural roads, construction of reservoirs, pasture improvement projects and
land reclamation projects;
• The supervision of General Land Reclamation Organisations, the Interim
Governing Board and local irrigation committees;
• Pastures management;
• Providing opinions for the determination of industrial and business
regions as well as the research of environmental effects;
• Researching issues concerning agricultural, livestock and fisheries
development as well as preserving agricultural populations in their
homelands;
• The development, protection, assessment and monitor of agricultural and
livestock production;
• Providing liaisons between agricultural production and tourist
development;
• Promoting programmes for young farmers;
• Assessing and observing the agricultural and livestock production as well
as the process of agricultural products;
• Controlling the agricultural market and taking samples of representative
prices of agricultural products;
• Informing the rural population about modern production and organising
methods in order to address technical, economic and structural issues in
the framework of projects launched by the Ministry of Agricultural
Development;
• Cooperation with agricultural research centres;
• The broader dissemination of knowledge concerning the implementation
of improved cultivation methods to the rural population;
• Providing licenses for the operation of veterinary offices for food
producing animals, and special permit for storage of pharmaceuticals;
• Implementing and monitoring the operation of the system of identification
and registration of the livestock in the municipality;
• Permitting the operation of livestock marketing shops;
• Providing opinions about the sanitary conditions of animals in case of
travelling;
• Permitting the establishment and operation of livestock poultry facilities;
404
• Permitting the establishment and operation of zoo, setting up of
consultative committees and conducting of inspections;
• Leasing of municipal land for industrial or craft purposes, farms,
greenhouse plants and units for fisheries;
• The management and operation of municipal farming lands, pastures and
new croplands conceded to them by the State;
• Linking agricultural production and tourism development.
Sources
Communities’, Article75.
Ministry of Rural Development and Food, according to Presidential Decree
85/2012(OG 141/21.06.2012).
Presidential Decree 98/2004(OG A’69/03.03.2004).
Statute Law 2545/1997(OJ A 254/15.12.1997).
Statute Law 3698/2008(OJ A 198/02.10.2008).
405
b. Fisheries policy
National Level
The General Directorate of Fisheries of the Ministry of Development,
Competitiveness, Infrastructure, Transport and Networks has been the
competent institution to shape fisheries policy and gives the guidelines for the
responsibilities of local authorities since June 2011 after the abolition of the
Ministry of Sea Affairs, Islands and Fisheries in the following areas:
• Development, exploitation and protection of marine fisheries and inland
waters;
• Development of extensive and intensive aquaculture;
• Trade and processing of fisheries and aquaculture products;
• Control of fisheries’ activities;
• Recreational and sport fisheries; and
• Tourism for fishing.
Regional Level
• The administration, management and exploitation of fisheries water;
• The lease by auction of fisheries water, the determination of the protective
zone around the installed gear in marine coastal areas. The
implementation of the terms of lease contracts, as well as the decision of
unilateral termination of the lease;
• The decision of imposing sanctions in cases of violation of fishing rules;
• Granting permits of establishment and operation fresh fish packing,
packaging laboratories and frozen fish processing;
• The decision to increase or decrease the lease of a fishing farm to
individuals, as well as the decision to decrease or eliminate the
conventional lease in case of inability of fisheries’ exploitation and the
decision of termination or extension of the lease;
• The decision to lease a farm without a tender to fisheries associations, to
sign the contract and to determine the rent;
• The approval of environmental conditions concerning the establishment of
aquaculture units;
• The identification of aquaculture industrial units as farms/agricultural
business;
• The determination of the spatial region of each auction;
406
• Monitoring the pollution and contamination of the aquatic environment,
researching and planning of projects of development and administration
concerning fisheries, aquacultures and their exploitation;
• The determination of any expenditure required for temporary farm
exploitation;
• The decision to defer the starting date of the lease of a farm;
• The decision to import and deposit revenues and expenditures for the
temporal operation of a fishing farm;
• The decision on the mean payment of the lease of a fish farm, the
determination of the platform for the gathering of agricultural products
and the decision to confer the management of the fixed rate of the lease in
kind to the Agricultural Bank of Greece;
• Monitoring the administration of employed fishing association and the
operations of aquaculture and exploitation of fish farming waters;
• The decision to terminate the lease of a fish farm;
• The decision to lease, without auction, of bordering fish farm waters and
the determination of the terms of the contract;
• The decision to lease proper spaces for the culture of shells; and
• The decision to grant proper areas for a trial placement of original forms
of cultivation of aquatic animals and the subsequent decision to lease the
premises and the decision to renew the lease.
Municipal Level
• The protection and management of water resources, the protection of the
soil and inland waters (lagoons, lakes, farms, rivers) by fishing and
pollution in their territory;
• The research and implementation of infrastructure projects of local
importance regarding agriculture, livestock and fisheries especially
projects related to rural roads, construction of reservoirs, pasture
improvement and land reclamation;
• Researching and studying issues concerning agricultural, livestock and
fisheries development and preserve rural populations in their homeland;
• The cooperation with agricultural and fisheries research centres;
• The supervision of the fisheries sector in the territory;
• Leasing of municipal lands for industrial or manufacturing purposes, and
fisheries units;
• The decision for the destruction, sale and approving the results of the
auction or disposal of confiscated materials and means of fishing;
407
• The decision for the implementation of the project of aquaculture
development with the reproduction of young fish to provide to private
aquaculturers;
• Gathering and maintaining aquaculture and fisheries data;
• Planning of research and studies and producing simple papers as far as
fisheries, aquaculture and protecting the aquatic ecosystem is concerned;
• Organising information meetings with fishermen, fish farmers and
workers in the fisheries sector:
• The authorisation to enrich lakes and rivers and the determination of the
fishing prohibition period;
• The permission to fishing boats to conduct test fishing;
• The approval (or the withdrawal of the approval) of granting, by the
competent authorities, permissions of departure of fishing boats for
fishing in international waters;
• Keeping records of all fisheries exploitation;
• Addressing issues and proposing measures concerning the movement,
processing, packaging, maintenance and marketing of fishery products in
collaboration with the respective departments and agencies;
• Imposing special or additional restrictive measures on fishing;
• Approving the conduct of sport fishing and licensing amateur and
professional fishing;
• Permitting the use of diving equipment in case of research;
• Approving the replacement of a fishing boat or the engine of a fishing
boat;
• Granting the license to transfer ownership of commercial fishing boat;
• Imposing sanctions on those who do not provide information concerning
the production and the value of fish catches of their professional fishing
boats;
• Granting license for fishing brood fish and other aquatic organisms;
• Providing agreement for the import from abroad of live aquatic animals
and plants or algae or their eggs for artificial breeding or restocking
waters;
• The approval of granting, by the competent authorities, permissions of
fishing to professional and amateur fishing or sponge boats;
• The determination of the duration, start and end of the fishing prohibition
period in the territorial rivers;
• The determination of the fishing prohibition period and the restrictions for
fishing in lakes of the spatial competence of the municipality;
• The temporary suspension of fishing and sponge licenses for a certain
period in the spatial area of the municipality, for the protection of fish
production and the regulation of fishing and sponge diving;
408
• The creation of three-member boards in charge of litigation of fishing
appeals;
• Approving and amending fishery associations and providing them with
technical guidance;
• The approval to amend or supplement the only gear that is allowed for
fishing in the lakes;
• Manufacturing and operating fishing shelters, infrastructure and
equipment in fishing ports or ports serving fishing boats;
• Providing opinions for the concession, lease and renewal of a lease of
wetlands for the creation, expansion and relocation of intensive or midintensive aquaculture units as well as the authorisation of their
establishment and operation; and
• The decision to establish conditions for amateur fishing licenses, the
determination of the number of mechanically complex fishing (purse
seine) fisheries complexes in the Greek part of the Lake Great Prespa and
the conditions under which the fishery will be conducted.
Sources
Ministry of Rural Development and Food, according to Presidential Decree
85/2012(OG 141/21.06.2012)
Presidential Decree 333/1990(OG A’134/04.10.1990)
Presidential Decree 373/1985(OG A’131/22.07.1985)
Presidential Decree 915/1981 (OG A’232/28.08.1981)
Royal Decree 142/1971.
409
National Level
At central level:
• The Ministry of Interior (General Secretariat for Population and Social
Cohesion) and especially its Departments of Migration Policy and Social
Integration are responsible for (legal) Immigration and Integration Policy.
• The Ministry of Public Order and Citizens Protection (Police Headquarters)
is responsible for return of third country nationals illegally residing in
Greece. These actions are implemented in conjunction with the International
Organisation for Migration (IOM) with the project “Voluntary Repatriation”
(European Return Fund).
• The Asylum Service reports directly to the Minister for the Public Order and
Protection of the Citizen. The Asylum Service is the country’s primary
autonomous structure that deals with the examination of asylum and
international protection. The service is responsible for the application of
national and EU legislation concerning the provision of political asylum and
other forms of international protection. The service receives, considers and
decides according to national legislation and international obligations,
requests for asylum. The service contributes to the planning of the national
policy for protection and international cooperation with international
organisations and the European Union. The Asylum Service will also provide
administrative support to a new Refugees Authority that will consider
appeals of second instance in cases of international protection requests that
are rejected at first instance.
• The Service of First Reception is an autonomous agency reporting directly to
the Minister for Public Order and Protection of Citizens. The mission of the
service is the reception of foreigners who are arrested for unlawful entry or
residence in Greece, under conditions which ensure dignity and human
rights. The service ensures the immediate living needs of foreigners,
including some important processes, such as their identification, their
registration, the medical and psychosocial support, their information about
their rights and obligations and the caring for persons belonging to
vulnerable groups such as unaccompanied children and victims of torture.
• The Greek Police is responsible for:
The identification of illegal immigrants;
The adoption and enforcement of decisions of administrative
deportation, and enforcement of deportation orders;
410
The settlement of citizens of Member States of the European Union
and countries of the European Economic Charter and the Swiss
Confederation;
Passport control at border crossing points;
Reporting in the Ministry of Interior on issues related to citizenship
and issuance of residence permits for legally residing migrants;
The receipt of applications for international protection, namely refugee
status or subsidiary protection;
The examination of applications for international protection
(interviews and decision-making);
The examination of demands for the humanitarian scheme in Article 8
of Decree 61/1999;
The examination of requests for family reunification refugees;
The examination of requests under the Dublin Regulation; and
The administration of documents relating to applicants for
international protection, recognised refugees and beneficiaries of
subsidiary protection beneficiaries of humanitarian status under
Article 8 of Decree 61/1999 and stateless.
• The Hellenic Parliament has legislative and scrutiny powers.
At a decentralised central level, State services seated at local or regional level.
• The decentralised administration authorities are responsible for:
The issuance of residence permits of third country nationals, legally
residing in Greece for work or other reasons (legal migrants – this
authority is a decentralised administration, authorities of the State at
regional / local level);
The units for integration issues within their territorial competence, in
order to specify and implement programmes in view of social integration
of third country nationals, refugees and persons under international
protection and also monitor their implementation in cooperation with
other jointly responsible authorities;
Permits for temporary work for third country nationals that request
asylum; and
Work permits for refugees.
411
Regional Level
Regional authorities do not exercise duties in this domain of policy.
Municipal Level
• The planning and implementation of programmes (or participation in
programmes and actions) for the social, economic and cultural integration of
Roma, Gypsies, returning expatriates, immigrants and refugees to the local
community;
• The registration of the name of Greeks who live abroad or aliens who obtain
Greek citizenship or returning expatriates, persons who have Greek
citizenship; and
• Establishment of the “Immigrant Integration Council” in each municipality,
as an advisory body, in order to strengthen the smooth integration of
immigrants in local community. The councils:
Record and investigate the problems of immigrants residing permanently
regarding their integration;
Submit proposals for local actions promoting the smooth integration of
immigrants and the organisation of municipal consultancy services and
awareness events.
Sources
Greek police
Communities’, Article. 75.
Ministry of Interior, General Secretariat of Population and Social Cohesion
Minister for the Public Order and Protection of the Citizen, according to
Region of Central Macedonia
Statute Law 3907/2011(OJ A 7/26.01.2011)
412
d. Tourism policy
National Level
The central Government, through the newly established Ministry of Tourism is
responsible for:
• Planning and implementing national tourism policy.
• Planning national tourism development.
• Coordinating tourism promotion related actions of the bodies of the public
sector.
• Drafting of all primary and subsidiary legislation.
• Designing national tourism education and training, by means of long-,
medium- and short-term plans, provided by the competent supervised body,
namely the Organisation of Tourism Education and Central Training
(OTEK).
• Encouraging tourism investments through EU-funded programmes and
national financial instruments.
• Developing maritime tourism by means of spatial planning and monitoring
the operation of the national tourist ports.
• Mitigating seasonality (extending the tourism season) and enhancing the
competitiveness of Greek tourism by redefining a more flexible, qualitative
and innovative tourism product.
• Cooperating at European and international level with organisations and
agencies in order to implement and disseminate good practices.
• Creating or improving the prosperity and quality of life of people in the local
communities, through guidelines, standards and criteria for the spatial
structure and organisation of tourism in the Greek territory (National Spatial
Framework for Tourism).
• Checking the compatibility of the regional and municipal promotion
programmes and actions with the central planning of tourism promotion.
• At the decentralised level, through the decentralised administrations, the
state is responsible for the exercise of the necessary competences in order to
ensure the effective operation of the tourism businesses (e.g. granting of
certificates and licenses of operations) as well as meeting visitors’/tourists’
demands and expectations (e.g. inspections of food and leisure businesses).
The Greek National Tourism Organisation has Regional Tourism Services
throughout Greece whose major competences are: granting the special license of
operation, keeping the relevant tourism business register, inspecting/auditing
tourism businesses and imposing sanctions in cases where there is a violation of
the tourism legislation in force.
413
The Special Agency of Culture and Tourism (organisational unit of the former
Ministry of Culture and Tourism) is responsible for planning, coordinating,
managing and monitoring the implementation of the National Development Plan
of the Ministry of Culture and Tourism and its supervised bodies.
In order to implement the national strategy for tourism, the Ministry cooperates
with the competent bodies (e.g. Ministries of Development, Infrastructure,
Transport and Communications, Environment, Energy and Climate Change,
Hellenic Statistical Authority, Local Government Organizations, etc.) and
coordinates the operation of the supervised entities (mainly the services of the
Greek National Tourism Organisation).
Regional Level
• The drafting and implementation of programmes for tourist planning and
promotion, in order to enhance the tourist flows in their territory, ensure
tourist development and promote the image of each region.
• The exercise of the necessary competences in order to ensure the effective
operation of the tourism businesses (e.g. granting of certificates and
licenses of operations) as well as meeting visitors’/tourists’ demands and
expectations (e.g. inspections of food and leisure businesses).
• The decision on the characterisation and border definition of Areas of
Integrated Tourist Development (POTA).
• The drafting of infrastructure development plans for the enforcement of
the climate change consequences on tourism, within the framework of
development programmes.
414
Municipal Level
• The implementation or participation in programmes for tourism
development and for the promotion of alternative forms of tourism and
the creation of resorts and other leisure facilities;
• The development of cultural tourism;
• The enforcement of the respective law by the businesses of tourist
interest; and
• Linking agricultural production and tourism development.
• The exercise of the necessary competences in order to ensure the
effective operation of the tourism businesses (e.g. granting of certificates
and licenses of operations) as well as meeting visitors’/tourists’ demands
and expectations (e.g. inspections of food and leisure businesses).
Sources
Law 3270/2004 (OJ A 187/ Α/11.10.2004).
Ministry of Tourism, according to Presidential Decree 85/2012(OG
141/21.06.2012)
Presid. Decree 149/2005 (OJ A 211/A/22.8.2005).
Presid. Decree 313/2001 (OJ A 211/A/25.9.2001).
Statute Law 2860/2000(OJ A 251/14.11.2000).
415
National Level
The central Government, through the General Secretariat of Civil protection of
the Ministry of Public Order and Citizen Protection is responsible for:
•
•
•
•
Civil protection is a shared competence of all levels of governance;
Adoption of the National Civil Protection Plan (Xenocrates Plan);
All ministries draw up special plans for dealing with disasters;
The General Secretariat for Civil Protection is in charge of:
Protecting citizens’ life, health and property from natural,
technological and other major hazards;
Protecting cultural heritage, historic buildings and monuments,
resources and infrastructure;
Public awareness; and
Coordinating activities.
• Inter-Ministerial Committee for National Planning:
Approving the annual national plan for civil protection; and
Reporting on the implementation of Government’s measures;
• Central Coordination Body for Civil Protection:
Civil protection annual national plan; and
Coordinating activities.
Regional Level
• Civil protection is a shared competence of all levels of governance;
• Regional special plans for dealing with disasters on the basis of the
National Civil Protection Plan;
• The coordination and supervision of the work of civil protection services
for prevention, preparation, response and disaster recovery within the
territorial limits of the region;
• The implementation of the annual national planning for civil protection as
far as the region is concerned;
416
• The submission of proposals for the regional civil protection for the
annual national planning policy of the Inter-ministerial Commission;
• The submission of proposals to the Secretary General of Civil Protection
for a decision declaring an emergency in cases of regional disasters;
• The decisions declaring states of emergency as far as small intensity local
destruction is concerned, as well as the coordination of all the respective
regional public or private mechanisms in order to ensure the full
preparation in case of destruction and damage recovery;
• The planning and organisation of measures of prevention, awareness and
response to disasters or emergencies;
• The decision on the requisition of personal services, securities and real
estate;
• Cooperating with the competent bodies for the suppression of forest fires;
and
• The granting of the annotation of the Hague Convention on service of
documents in the region.
Municipal Level
• Civil protection is a shared competence of all levels of governance;
• Local special plans for dealing with disasters on the basis of the National
Civil Protection Plan;
• The coordination and supervision of the work of civil protection services
for prevention, preparation, response and disaster recovery within their
territorial limits;
• The submission of proposals for the regional civil protection for the
annual national planning policy and for the implementation of
programmes, measures and actions for their territory in the frameworks of
the national and regional planning; and
• The provision and coordination of the human resources and materials for
the prevention, preparation, response and recovery in case of destruction
in their territory.
417
Sources
Civil Protection > Vademecum/Greece disaster management structure
General Secretariat of Civil Protection
Communities’, Articles 75-76.
Ministry for Public Order and Citizen Protection, according to Presidential
Decree 85/2012(OG 141/21.06.2012).
Statute law 3536/2007(OJ A 24/13.2.2007).
418
12. Hungary
Hungary is a republic and a parliamentary democracy. The unicameral
Parliament is the National Assembly (Országgyűlés). The Head of State is the
President of the Republic who is elected indirectly by the Parliament for a fiveyear term and can be re-elected once. The Government is led by the Prime
Minister155.
Hungary is a unitary State organised on a decentralised basis; the Basic Law
recognises local governmental system (Art. 31-35). It has three levels of
governance: the central, regional (county), and local levels. The adoption of the
Law on Local Self-Government of 1990 156 was the starting point of the
decentralisation process. Furthermore, a new Law on Local Self-Governments
was adopted in 2011, which brought about important changes to the territorial
organisation and distribution of competences since it re-centralised a certain
number of competences. The reform will fully enter into force in January 2013.
Hungary comprises 19 Counties (megyék) and 3175 Communities
(települések). The community level is organised by settlements which include
2863 Municipalities, 265 Towns, 23 Towns with County Rank and the capital
City of Budapest157. Budapest is further divided into 23 city Districts.
In addition, there are seven statistical Regions which were created in 1999.
The principle of local government is enshrined in the Basic Law. Local
government units administer public affairs and exercise public power at local
level158. There is no hierarchy between the two levels of local government. The
Counties are responsible for services which the Municipalities are unable to
provide. The Counties and the Municipalities have mandatory and optional
competences. They do not hold legislative powers.
Besides the Basic Law of 2011, the 2011 Law on Local Self-Government159
describe the territorial organisation and vertical division of powers.
Consolidated revenue for the Hungarian sub-national public sector amounted to
EUR 11.1 billion in 2005, representing 12.5% of national GDP and 29.6% of
155
Basic Law of Hungary, Art. B , April 25 2011.
Law No. LXV of 1990 on local self government.
157
158
Basic Law of Hungary , Art. 31.
159
2011. évi CLXXXIX. törvény Magyarország helyi önkormányzatairól [Local Self-Government Act No.
CLXXXIX of 28.12.2011].
156
419
total public sector revenue. Within the sub-national public sector, revenue of
sub-national governments alone came to EUR 12.1 billion (non-consolidated).
More than 75% of sub-national government revenue is generated by
Municipalities. Taxation and grants each bring in 30% of sub-national revenue.
Other items represent the main sources of revenue (41%)160.
In accordance with the 2011 Law on Local Self-Government, the statistical
Regions will disappear in January 2013 and the Counties will take over their
competences, i.e. development and spatial planning. The central Government
will be responsible for the functions which are currently carried out by the
Counties.
National level
State competences
• The Parliament holds exclusive legislative powers;
• The Prime Minister determines the Government’s general policy;
• The central Government enjoys exclusive powers in matters relating to
national sovereignty (justice, foreign affairs, finance and national defence);
• The Government has competence in all matters not expressly delegated to
another body;
• The Government has a civil service at its disposal, which is also
deconcentrated at the County (County government offices) and local levels
(metropolitan government offices).
Regional level
Counties (megyék) competences
• Territorial development;
• Rural development;
• Land-use planning;
• Coordination activities.
160
420
Local level
Municipal (települések) competences
• Urban development, land use planning;
• Urban operations (developing and maintaining public cemeteries, providing
street lighting, providing industrial chimney sweeping services, developing
and maintaining local public roads and their accessories, developing and
maintaining public parks and other public areas, providing space for
parking vehicles);
• Naming public areas and public institutions in self-government ownership;
• Primary healthcare, services promoting healthy ways of living;
• Environmental health (refuse collection, sanitation of urban environment,
control of pests and rodents);
• Kindergarten services;
• Cultural services (public library services, support to cinemas, performing
art organisations, protection of local cultural heritage; support to local
community education);
• Social, child welfare and child protection services;
• Housing and property management;
• Rehabilitation of the homeless and prevention of homelessness;
• Protection of the local environment and nature, water management,
preventing flood damages, supply of drinking water, canalisation, treatment
and disposal of waster water (sewage service);
• National defence, civil defence, disaster protection, local public
employment;
• Duties related to local taxes, organising local economy and tourism;
• Providing sales opportunities for small-scale producers and licensed
traditional producers (to sell products specified by legislation), including
weekend markets;
• Sport- and youth-related affairs;
• Nationality affairs;
• Participation in ensuring public safety of their municipality;
• Providing local public transport;
• Waste management; and
• District heat supply.
421
12.1 System of multilevel governance
Representation: The Hungarian National Association of Local Authorities
(TÖOSZ) and the Association of Hungarian Local authorities and
Representatives (MÖSZ) represent the local authorities’ interests vis-à-vis the
national Parliament and the central Government.
provided to the Counties and Municipalities to the extent that information is
Bodies representing local government interests must be consulted on questions
of local interest. Although it is required to conduct a consultation on all draft
legislation, the frequency of the consultation varies and can occur on a weekly
or monthly basis. Local government associations often cooperate in the
preparation of legislation that will affect the local level before the governmental
decision 161 . Nevertheless, the views of local government associations are
received only after the decision of the government is already taken.
Coordination:
Horizontal coordination: Pursuant to the 2011 Law on Local SelfGovernment 162 , local government units may set up partnerships to more
efficiently and effectively perform municipal duties and carry out powers.
Vertical coordination: Act No. XXI of 1996 on Regional Planning and
Development established county development councils, which are quasigovernmental organisations that coordinate tasks related to regional
development. The council is comprised of elected and appointed officials.
Representative bodies of municipal governments may create regional
development associations, but this is not mandatory. County development
councils may form regional development councils, which address
responsibilities extending to more than one county163.
Pursuant to the 2011 Law on Local Self-Government, the Parliament may
dissolute a body of representatives operating in contravention of the Basic Law.
In addition, the Minister responsible for the legal oversight of local authorities
ensures the monitoring of the legality of their operations.
161
Council of European Municipalities and Regions, Study on ‘Consultation procedures within European States’
2007, 90-95
162
2011. évi CLXXXIX. törvény Magyarország helyi önkormányzatairól [Local Self-Government Act No.
CLXXXIX of 28.12.2011]
163
Local Government in Hungary István Temesi , Chapter 8, Local authorities in Central and Eastern Europe
422
The Hungarian associations nominate representatives to the Committee of the
Regions and the Congress of Local and Regional Authorities in Europe
(CLRAE), proportionally to the respective size of the association. The CoR
delegation is composed of six representatives from the Counties and six from
the Municipalities.
The city of Budapest has a liaison office established in Brussels.164
The Hungarian National Association of Local Authorities (TÖOSZ), the
Association of Hungarian Local authorities and Representatives (MÖSZ) and
the Partnership of Hungarian Local Associations are members of the Council of
European Municipalities and Regions (CEMR)165. The national associations of
local and regional authorities as well as individual Counties and Municipalities
also cooperate with the CLRAE.
In addition, 15 Counties are members of the Assembly of European Regions
(AER)166.
12.3 Subsidiarity
The Hungarian Parliament’s general scrutiny system, which includes the
subsidiarity check procedure, is selective and concentrates on some 20-30 EU
legislative proposals per year taken from the EC Legislative and Work
Programme. Primarily, the Committee on European Affairs (CEA) is in charge
of carrying out subsidiarity checks. The ‘filtering procedure’ is carried out by
the CEA and has no formal link to regional or local authorities’ interests or
priorities167.
The Standing Orders of the Országgyűlés do not formally include any regional
authorities within the Early Warning System (EWS). Given that regional
stakeholders do not participate in the EWS, the National Assembly neither
submits EU draft legislative acts to them, nor does it inform them systematically
of decisions taken concerning subsidiarity issues168.
164
European Week of Regions and Cities
Brussels, 6-9 October 2008
165
Council of European Municipalities and Regions list of members.
166
Assembly of the Regions portal, AER Members Regions
167
168
Ibid.
423
12.4 Bibliography
Legislation
Constitution of 1949 as amended in 2011.
Government Act No. CLXXXIX of 28.12.2011]. Law No. LXV of 1990 on
local self government.
2011. évi CLXXXIX. törvény Magyarország helyi önkormányzatairól [Local
Self-Government]
Websites
Hungarian National Assembly website.
Official Government Website.
The National Association of Local Authorities (TÖOSZ).
The Association of Hungarian Local authorities and Representatives (MÖOSZ).
The Association of Cities with County Statute.
Publications/Studies
Assembly of the Regions portal, AER Members Regions
Assembly of the European Regions, Regionalism Report on Hungary, 2012.
Regional offices contact directory, European Week of Regions and Cities
Brussels, 6-9 October 2008
Council of European Municipalities and Regions list of members
procedures within European States’ 2007, 90-95. Local Government and Public
Service Reform Initiative.
424
the CoR
a. Transport policy
National Level
• National legislation;
• Development, maintenance, and operation of the national transport grid;
• Development of the country’s trunk road and railway network;
• National public ports, the Liszt Ferenc International Airport, and air traffic
control;
• Coordination of transport infrastructure development with regional
development;
• Harmonisation of development policies for individual transport modes and
regulation of competition;
• Regulation and supervision of environmental protection, transport safety,
public road transport services, and the transportation of hazardous
materials;
• Ensuring the defence-readiness of the transport grid;
• Supervision of transport research and development;
• Regulating fare and fee policies;
• Reorganisation and modernisation of the institutional system and
corporations fulfilling government functions;
• Implementation and regulation of telematic solutions for organisational,
technical and subsidy-accounting needs arising from compatibility
requirements under the Hungarian Information Society Strategy;
• Budget support for local and intercity communal transport;
• Annual production support for the Hungarian State Railways (MÁV);
• Adoption and review of mid-term transport infrastructure plan;
• Restructuring of the company’s losses; and
• Passenger support, i.e. consumer price subsidies.
425
Regional Level
•
•
•
•
Legal application;
Management, development, maintenance, and operation of some of the
transport infrastructure, such as regional roads and railway lines (shared
with national and Local authorities);
Modes, frequency and quality of public passenger transport;
Rate of fare subsidies and revenue support.
Local Level
•
•
Developing and maintaining local public roads and their accessories;
Providing local public transport.
The capital City of Budapest has responsibilities in the field of:
•
•
•
•
•
•
Managing, developing and operating trunk routes with prominent traffic or
with a key role in national road transport;
Public radial and ring roads;
Major public transport junctions;
Key public parks and public areas;
Management and operation of traffic regulations and traffic management in
the entire territory of the capital; and
Ensuring and operating local public transport and developing the system of
parking in the territory of the capital.
The districts of Budapest are responsible for:
•
•
Managing, developing and operating local public roads, public area and
parks; and
The operation of parking.
Sources
Dr. István Csillag, Minister of Economic Affairs and Transport, Hungarian
Transport Policy 2003-2015, Budapest, 2004, p.11.
Self-Government Act No. CLXXXIX of 28.12.2011]
426
National Level
•
•
•
•
Establishing the provisions concerning the termination of employment due
to economic reasons affecting large numbers of employees, in the interests
of preserving jobs;
Establishing the mandatory minimum wage and the provisions for the
supervision of labour relations;
Submitting recommendations to define the maximum duration of daily
work time and to determine official holidays;
Determining the system of labour qualification.
The Ministries in charge are the Ministry of Public Administration and Justice,
the Ministry for National Economy and the Ministry of Human Resources.
The National Employment Service is governed by the Minister responsible for
Employment policy. It comprises the National Employment Office (national
level), the Labour Centres of Government Offices at County level and the
Branch Offices at local level.
The National Employment Office is responsible for:
•
•
•
•
•
•
•
•
Setting down the principles and main content requirements of the Labour
Centre’s mandatory internal professional policies;
Determining professional requirements related to service delivery by the
Labour Centres, and coordinating their tasks linked to outsourcing labour
market services;
Assisting in the performance of administrative and service delivery
functions by working out procedures, methodological guidelines and
professional recommendations;
Developing labour market services;
Human resources development and professional staff training in the
National Employment Service;
Promoting the fulfilment of tasks arising from International Labour
Organisation and EU obligations;
Governing and coordinating the accomplishment of labour market
programmes and implementing labour market programmes approved by the
Labour Market Fund; and
Responsible for labour market statistics.
427
Regional Level
• Participating in the coordination of the employment tasks;
• County Labour Centres of Government Offices (part of the National
Employment Service) are responsible for:
- Governing and overseeing the activities of the Labour Centre’s branch
offices;
- Carrying out tasks in connection with subsidies for job creation funded
by the centralised portions of the Labour Market Fund’s Employment
Sub-Fund and of budget appropriations for public works;
- Cooperation with local authorities;
- Drawing up the Labour Centre’s internal professional policies; and
- Imposing fines.
Local Level
• Local public employment;
• Branch Offices including service delivery centres in charge of:
- Registering jobseekers, terminating and recovering jobseeker’s
allowance and jobseeker’s benefit;
- Tasks related to employment promotion subsidies;
- Labour market services;
- Keep records of reported collective dismissals;
- Job placement;
- Register reported vacancies;
- Provide information and counselling
- Customer service activities;
- EURES-related information provision tasks; and
- Liaise with employers engaged in the economic life of the County.
•
Providing sales opportunities for small-scale producers and licensed
traditional producers (to sell products specified in legislation), including
weekend markets.
428
Sources
Act XXII of 1992 on the Labour Code, Section 17, p. 5. The new Labour Code
will enter into force on 1 July 2012 and may include changes in some fields.
Dr. Borbély-Pecze Tibor Bors, PowerPoint presentation on ‘The current Labour
Market situation in Hungary and the service structure of the Employment
Service’, 25 January 2011
Government Decree 315/2010 (XII. 27.) on the National Employment service
Government Decree 323/2011 (XII. 28.) on the National Labour Office and the
Remit and competence of Policy Agencies under its Professional Governance
429
c. Social policy
National Level
The Ministry of Human Resources is responsible for:
•
•
•
•
•
Bringing about the conditions for enhancing quality of life through the
creation of a reliable and efficient system of welfare provision;
Development of concepts related to the pensions system;
Tasks related to welfare and pensions policy, policy on families, drug
prevention and coordination of drugs-related affairs;
Promotion of equality of opportunity for people suffering from mental
impairment; and
Overseeing the provision of equal rights, efforts to integrate Roma
communities into mainstream society, the development of links with civil
and social groups, and the harmonisation of social policy.
Regional Level
•
•
•
•
Territorial coordination of specialised social services;
Children’s and young people’s services;
Education and care of mentally disabled children; and
Children and youth protection special care.
Local Level
•
•
•
•
Social, child welfare and child protection services;
Providing for and rehabilitating people becoming homeless in its territory
and preventing homelessness;
Health and social care; and
Providing street lighting, maintaining public cemeteries, providing
industrial chimney sweeping services.
•
•
•
Ensuring social provision;
Homeless services; and
Providing street lighting, maintaining public cemeteries, providing
industrial chimney sweeping services.
430
•
•
•
Primary healthcare, services promoting healthy ways of living;
Social, child welfare and child protection services; and
Providing for and rehabilitating people becoming homeless in its territory
and preventing homelessness.
Sources
Hungarian Government-Ministry of Public Administration and Justice
The Impact of Decentralisation on Social Policy in Hungary Balázs Krémer
István Sziklai Katalin Tausz
431
d. Education policy
National Level
•
•
•
•
•
•
Operating the public education system;
Maintenance and funding of institutions of public education;
Provision of free and compulsory primary education, through institutionoperating activities of state bodies and local authorities;
Issuance of guiding principles of national ethnic minorities’ kindergarten
education as well as the guiding principle of national ethnic minorities’
school education and teaching (Ministry of Human Resources);
Establishment and announcement of the central examination requirements
and the regulation of evaluation; and
Establishment or grant of permission for the establishment of institutions of
public education.
Regional Level
•
•
•
•
•
•
•
•
•
•
Maintenance of secondary schools, special schools and colleges, including
for students belonging to national or ethnic minority groups169;
County library, expert consulting and services in the range of pedagogy and
general education;
Education of children under permanent medical treatment in healthcare
institutions;
Education, upbringing of and caring for impaired children, who cannot be
educated together with the other pupils;
Provision of information activities connected with admission to secondary
school and specialised school;
Defining the conditions for fulfilling obligatory education;
Regional pedagogical-professional services;
Early development, counselling and care services, as well as experts and
rehabilitation activities;
Ensuring the operation of the system of Budapest and County, permanent
replacement of teachers and instructors; and
Preparing development plans (Budapest city Local authority).
169
The maintenance of primary and secondary schools (education above the level of kindergarten) will be placed
at national level from 2013.
432
Local Level
• Kindergarten education; and
• Supporting local community education.
• Supporting community education.
• Kindergarten services; and
• Supporting community education.
Sources
Self-Government Act No. CLXXXIX of 28.12.2011].
Act LXXIX of 1993 on Public Education (Text integrated with the Act LXVIII
of 1999).
433
National Level
Government authorities are responsible for:
The Ministry of Human Resources is in charge of:
•
•
•
•
•
•
•
•
•
•
•
Recognising professional qualifications and listing them in the National
Qualification Register;
Determining general rules and proceedings of professional examinations
and of the amount of examination fees;
Determining of the preconditions of registering professional qualifications
obtained abroad;
Defining all conditions relative to starting and continuing a professional
training programme;
Establishing detailed rules governing payment of financial allowances of
students;
Determining the conditions relating to the organisation of vocational
training and places to ensure vocational practical training courses;
Defining the professional curriculum and subject matter;
Ensuring the elaboration, publication and sale of any course book and
pedagogical aid relative to the curriculum of such professional subjects;
Organising courses to provide continuing education for counsellors and
teachers engaged in theoretical and practical vocational training;
Making recommendations concerning state-recognised professional
qualifications, the duration of the training programme provided within the
school system, as well as the professional subject matter; and
Ensuring the operation of the National Institute of Vocational Training (in
cooperation with Ministry in charge of the professional qualifications).
The National Labour Office is a central office performing vocational and adult
education functions. Its duties include:
• Participation in drafting legislation;
• Professional and methodological development of vocational training and
adult education;
• Analyses and evaluations;
• Continuous development of the occupational structure;
• National module map in accordance with uniform principles;
• Equivalence framework for domestic qualifications to align with
European requirements and international qualifications;
434
• Enhancing cooperation with vocational training and adult education
providers in EU Member States;
• Data collection;
• Organising professional upgrading courses;
• Public information;
• Development of vocational textbooks as well as management of their
publication and distribution;
• Coordinating activities;
• Standard professional and pedagogical verification methodology to ensure
completion of the vocational curriculum framework;
• Vocational qualifications-related tasks; and
• Vocational examination-related tasks.
Regional Level
•
•
The coordination of vocational training within the County; and
The reconciliation of interests in vocational training at territorial level
(County Labour Councils).
Local Level
• Financing the vocational schools.
Sources
Act CLXXXVII of year 2011 on vocational training
Government Decree 323/2011 (XII. 28.) on the National Labour Office and the
Ministry of Human Resources
Remit and competence of Policy Agencies under its Professional Governance
435
National Level
•
•
•
•
•
•
•
•
•
Children and youth issues primarily aimed at developing extracurricular
activities for young people, encouraging their interests and assisting the
youth in professional development (Ministry of Human Resources – Youth
Department);
Support to local youth work and professional development of the youth
workers profession (Ministry of Human Resources – Youth Department);
The coordination of youth-related policies and development of specialised
youth policies (Ministry of Human Resources );
Youth policy budget – administration of funds;
Development of accredited youth worker training;
Professional development, the promotion of participation and active
citizenship, and promoting social recognition for youth work and non-formal
learning (Mobilitás National Youth Service);
Housing, and youth tourism (Ministry of National Economy);
Sports (Ministry of Human Resources); and
Coordination of child policy, youth policy, child care and social policy
(Ministry of Human Resources).
Regional Level
•
•
•
•
•
•
•
•
Physical training and sports organisation;
Management of County-level sports and physical education;
Developing and maintaining youth policy structures;
Assertion of the rights of children and youth;
Specialised provision of child and youth protection;
Ensuring child and youth attendance;
Distribution of funds (regional councils of the Children and Youth Fund);
and
Support to professional development (Regional youth service offices of
Mobilitás National Youth Service).
436
Local Level
•
•
•
•
•
Management of youth and sport-related affairs;
Youth information points;
Counselling;
Youth assistance activities; and
Local government youth rapporteurs responsible for coordinating the
youth-related actions of local authorities in county seats and towns.
Sources
Commission and the Council of Europe in the field of youth, Country sheet on
youth policy in Hungary, drafted by András Déri
Council of Europe and European Union, Partnership between the European
Council of Europe Publishing, Youth Policy in Hungary, Strasbourg, 2008,
pp.23-26.
Ministry of National Resources
Mobilitás portal, About Mobilitas
437
g. Culture policy
National Level
Ministry of Human Resources is in charge of:
•
•
•
•
Protection of cultural heritage;
Creation of new cultural assets and initiatives;
Professional guidance of socio-cultural activities; and
Artistic education.
• Supervision of cultural institutions abroad (Ministry of Public
Administration and Justice);
• Most of the film industry financing (Ministry of National Economy);
• National Cultural Fund: semi-autonomous branch of the Ministry in
charge of financing projects; and
• Hungarian Academy of Arts.
Regional Level
•
•
•
Collection, safekeeping, scientific processing of the museum-piece relics of
nature and society, as well as of historic documents;
Coordination of activities for the protection of the architectural and natural
environment; and
County library services170.
Local Level
•
•
•
•
Public library services;171
Supporting cinemas;
Performing art organisations; and
Protection of local cultural heritage.
170
May change and belong to National Level pursuant to the Act CLIV of year 2011 on “Consolidation of the
County Self Governments”.
171
Ibid.
438
Sources
Council of Europe/ERICarts, Compendium Cultural Policies and Trends in
Europe, Country profile – Hungary.
Ministry of Human Resources
439
National Level
The Ministry of National Resources is in charge of:
• Health and health insurance;
• Health policy development;
• Health sector regulation;
• Strategic planning; and
• Ensuring the operation of the public health network and the health care
system.
The National Public Health and Medical Officer Service is responsible for:
• The direction, coordination and supervision of public health, epidemiology,
health development, healthcare activities and the supervision of healthcare
delivery.
Regional Level
--Local Level
•
•
•
Basic health and social welfare provisions;
Services promoting healthy ways of living; and
Environmental health (Refuse collection; Sanitation of urban environment;
Control of pest and rodents).
•
•
Primary healthcare;
Services promoting healthy ways of living.
440
Sources
Ministry of Health of the Republic of Hungary, Hungarian health care system in
brief, 2009
441
National Level
The Ministry of National Development is in charge of the overall national
legislation in the field of Trans-European networks policy.
Regional Level
•
Management, development, maintenance, and operation of some of the
transport infrastructure, such as regional roads and railway lines (shared
with national and local authorities).
Local Level
• Developing and maintaining local public roads.
Sources
Self-Government Act No. CLXXXIX of 28.12.2011].
Dr. István Csillag, Minister of Economic Affairs and Transport, Hungarian
Transport Policy 2003-2015, Budapest, 2004, p.11.172
Ministry of National Development
172
Following the change of Government in 2010 the mentioned policy may no longer be relevant. Further
information is available on the website of the Ministry of National Development:
http://www.kormany.hu/en/ministry-of-national-development.
442
National Level
The National Development Agency is in charge of:
• Coordination of operational programme ‘planning’ and monitoring of
their implementation;
• Finalisation of the calls for applications;
• Selection of the developments, investment to be awarded support;
• Operation of the related system of institutions; and
• Administration of necessary EU consultations and preparation of the
prescribed documents.
Regional Level
•
•
•
•
Territorial development;
Spatial planning;
Regional and county land-use regulations; and
Preparation of resettlement plans.
Local Level
• Land use planning;
• Urban development;
• Urban operations (developing and maintaining public cemeteries,
providing street lighting, providing industrial chimney sweeping services,
developing and maintaining local public roads and their accessories,
developing and maintaining public parks and other public areas, providing
space for parking vehicles).
Sources
National Development Agency
Act 1996 - XXI on Regional development and Regional Planning.(Hungarian).
443
National Level
• The enforcement of environmental requirements during the performance
of the duties of the state with other aims;
• The direction of the utilisation, the preservation, the prevention of the
damaging, the elimination of posing hazard to, the restoration, and the
gradual improvement of the state of the environment;
• The determination of the priority tasks of environmental protection;
• The establishment of a legal, economic and technical regulatory system
for the attainment of environmental goals;
• The performance of state administration duties of environmental
protection;
• The development, maintenance and operation of a system serving as a
basis for the execution of the tasks, and measuring monitoring,
controlling, evaluating the state of the environment, as well as providing
information about the impacts thereof;
• The exploration of the state of the environment, the determination of the
extent to which the environment may be loaded and utilised;
• The determination of the tasks of research, technical development,
education, training and culture, the provision of information, as well as of
product and technology qualification in environmental protection, and the
provision for the performance thereof; and
• Provision for the economic and financial bases of environmental
protection.
Regional Level
• Preparing environmental programmes coordinated with the municipal
local authorities;
• Giving their preliminary opinions on the municipal environmental
programmes or may initiate the preparation thereof;
• Taking a stand on the draft municipal by-laws of municipal local
authorities affecting environmental protection; and
• Making recommendations for the foundation of municipal environmental
associations.
444
Local Level
• Protection of the local environment and nature;
• Environmental health (Refuse collection; Sanitation of urban
environment; Control of pest and rodents);
• Water management;
• Treatment, collection, drainage and purification of municipal sewage,
• Preventing flood damages;
• Drinking water supply; and
• Canalisation.
•
•
•
•
•
•
•
Drinking water supply;
Canalisation;
Management and disposal of waste water (sewage service);
Waste management;
Protection of the environment and nature;
Water management; and
Prevention of flood damage.
Sources
Act LIII of 1995 on the General Rules of Environmental Protection
445
l. Energy policy
National Level
The Ministry of National Development State Secretariat for climate and energy
policy is responsible for:
• The development of a long-term energy strategy, as well as sectoral
energy strategies;
• Action plans, policies and legislation;
• Energy efficiency programmes; and
• Sustainable economic development.
The Ministry of Rural Development is a central governing body for environment
and nature protection, water affairs and rural development. Its duties include:
•
•
•
•
Policy development;
Tasks connected to governmental work;
Research and development; and
Cooperation with the Minister of National Development.
The Ministry for National Economy prepares climate and energy policy plans
with a view to achieving sustainable development.
The Hungarian Energy Office (MEH) is the Government agency in charge of the
regulation of the electricity and gas sectors.
The Hungarian Atomic Energy Authority (HAEA) is responsible for:
• Regulating, licensing, inspecting and enforcing nuclear safety;
• Safeguarding accountancy for and control of nuclear materials;
• Registration of radioactive materials and approval of their transport and
packaging;
• Policy-making support with regard to nuclear safety;
• International relations;
• Research and development;
• Fulfilment of international conventions’ requirements;
• Nuclear emergency preparedness, source term assessment, notification;
and
• Public information.
446
The Atomic Energy Coordination Council (AECC) is responsible for:
• Coordination and harmonisation of the ministerial and central
administrative organisations activities in the field of safe use of nuclear
energy, nuclear safety and radiation protection.
Regional Level
--Local Level
•
•
Participating in the local supply of energy; and
District heat supply.
Sources
Act 74 on Electricity 2007 (Hungarian)
Enercee.net portal, Energy Country Profiles / Hungary
447
LRAs
National Level
•
•
•
•
•
•
•
•
Providing central governance for the agriculture, the food sector, forest
management and forest conservation, research and development,
agricultural product turnover, agri-environmental management, plant
protection, plant health, animal health, conservation of the quality of
agricultural lands, cartography and land issues, as well as agricultural water
management;
Providing central governance for rural development and for the associated
research and development efforts;
Organising the agricultural market, and discharging the duties associated
with the quality control of agricultural, food, forestry and primary timber
products with the exception of pre-marketing certification of consumer
goods and post-marketing checks;
Discharging the government tasks associated with the central stockpiling of
agricultural and food products;
Developing proposals for the sectoral support schemes and contributing to
the formulation of the sectoral taxation and financial policy systems;
Developing the overall rural development strategy, identifying short-, midand long-term targets, analysing the legal, technical and financial
alternatives ensuring the achievement of such targets, and contributing to
the development of means and programmes to this end;
Preparing and implementing the Agricultural and Rural Development
Operative Program of the New Széchenyi Plan; and
Ensuring proper operation of the national system of institutions managing
the aid financed from the European Agricultural Guidance and Guarantee
Fund.
Regional Level
--Local Level
---
448
Sources
Act No. XVII of 2007 on certain issues of procedures with regard to
agricultural, rural development and fishery subsidies and other measures
Ministry of Rural Development
449
b. Fisheries policy
National Level
•
•
•
•
The management of the fisheries policy;
Long-term development policies;
Implementation of the policies; and
Maintenance and operation.
Regional Level
--Local Level
--Sources
Act No. XLI of 1997 on fishing
Act No. XVII of 2007 on certain issues of procedures with regard to
agricultural, rural development and fishery subsidies and other measures
(Hungarian)
450
National Level
The Ministry of Interior is in charge of tasks related to immigration and
citizenship, which include:
• Coordination of immigration security and policing;
• Stipulating conditions for onward migration and foreign travel, and
promoting the social integration of foreigners and refugees; and
• Settlement development, planning and the functioning of settlements,
which also include construction affairs and the supervision of public space
(in collaboration with municipalities).
Regional Level
--Local Level
• Settlement development, planning and functioning of settlements (in
collaboration with the Ministry of Interior).
Source
Ministry of Interior
451
d. Tourism policy
National Level
Handling the national and regional marketing tasks;
• Coordinating the sector’s regional activity;
• Appointing the terms of tourism actions; and
• Determining the necessary professional requirements and the scope of
tourist activities.
Regional Level
•
•
•
•
The coordination of duties connected with the exploration of the tourist
values of the county;
Setting tourist targets for the county; and
Setting up and operating the tourist organisations.
Local Level
• Performing duties related to local tourism.
Sources
Ministry of the National Economy, State Secretary responsible for the National
Economy, Department of Tourism and Catering.
452
National Level
The Parliament establishes the principles of civil protection and the main
directions and conditions of implementation.
The government is responsible for:
•
•
•
•
The parallel deployment of civil protection organs;
The fiscal basis;
Coordinating activities;
Deciding on the total number of civil protection organisations.
The Ministry of Local Government is responsible for:
• Overall disaster management;
• Management of civil protection;
• Implementation of civil protection tasks.
The National Directorate General for Disaster Management of the Ministry of
Local Government is the national civil protection authority.
Regional Level
The County Disaster Management Directorates and the Civil Protection
Directorate of the Capital are responsible for:
• Deployment of civil protection organisations;
• Organisation of cooperation between the administration, the armed forces,
the community organisations and the civil protection organisations;
• Preparation and implementation of alerts and public awareness measures;
• Harmonisation of local protection and resettlement/reception of
inhabitants;
• Establishment of local civil protection organisations.
Local Level
• Implementation of civil protection tasks;
• Prevention of and dealing with natural disasters;
453
• Civil defence;
• National defence.
Sources
Act No. XXXVII of 1996 on Civil Protection
Civil Protection > Vademecum/ Hungary disaster management structure
454
13. Ireland
Ireland is a parliamentary democracy and a unitary state which became
independent in 1921 and adopted its Constitution in 1937. The Irish Parliament
is called the Oireachtas and consists of two Houses: the House of
Representatives (Dáil Éireann) and the Senate (Seanad Éireann).
The country is composed of 80 municipalities, 29 County Councils, five City
Councils, eight Regional Authorities and two Regional Assemblies.
Since Ireland is a small and centralised state, regions play a very limited role.
Local authorities provide local government services at county/city level. In this
respect, local governments were formally recognised by way of an amendment
to the Constitution in 1999. Eight regional authorities were established in 1991
and came into existence in 1994 173 . In 1999, two regional assemblies were
created for Structural Fund purposes: the Southern and Eastern Region and the
Border, Midland and Western Region. 174 Irish regions are not bestowed any
legislative power, have very limited administrative competences and enjoy a low
degree of autonomy.
There is no shared tax revenue for local government, since local tax revenue
is derived solely from own-resources taxation and from only one tax, namely the
commercial rates tax. Commercial rates brought in EUR 1 408 million in 2009.
County council commercial rates revenue made up 55% of the total commercial
rate revenue of local government. The city council share came to 33%, while
town/borough councils raised 12% of total local government revenue from
commercial rates. However, in 2010, a new tax on Non-Principal Private
Residences was introduced, the entire proceeds of which go to local authorities.
In 2012, a new household charge to make a contribution in respect of local
authorities services has been introduced, which will be replaced by a property
tax in 2013.175
Proposals on the reform of the local government system in Ireland are
currently being prepared (2012). The proposals will include the strengthening of
structures at regional, county and sub-county levels, and the expansion of the
role of these local authorities.
173
Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1993, S.I. Nº 394/1993.
Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999, S.I. Nº 226/1999.
175
174
455
A decision has already been taken to merge the two authorities in both Limerick
and Tipperary. The issue of whether Waterford City and County Councils
should be unified is also being examined176.
Central level
The central government has full legislative powers.
Moreover, it exercises the bulk of administrative powers due to the very low
degree of autonomy enjoyed by the devolved authorities and the strict
supervision of the lower tiers of government.
Proposals on reform of local and regional government structures are being
prepared, with an underlying commitment to allow for much greater decisionmaking to local people.
Regional Level
Two structures represent the central State at regional level, namely the Regional
Authorities and the Regional Assemblies.
The eight regional authorities are not devolved bodies and have the following
competences:
•
•
•
•
•
•
Planning, i.e. coordination of public services at regional level and
provision of guidelines for spatial planning;
Ensuring the communication of programmes and plans of the central
government;
Managing regional programmes and reviewing the implementation of other
Community programmes at the regional level, in particular the Structural
Funds;
Planning, including reviewing the Development Plans of local authorities
in their region and adjoining regions, and preparing Regional Planning
Guidelines and Regional Economic and Social Strategies;
Coordinating public services and promoting cooperation and joint actions;
Supervising and monitoring the implementation of the European Union
Structural Funds.
176
Speech by Mr Phil Hogan T.D, Minister for the Environment, Community and Local Government, Seanad
Statements on Local Government reform, 1 February 2012 and Address by Mr Phil Hogan T.D., Minister for the
Environment, Community and Local Government, Association of Municipal Authorities of Ireland, Annual
Spring Seminar, Hotel Kilmore, Cavan, 10 February 2012
456
The two Regional Assemblies have competences in:
•
•
•
Managing and monitoring the regional operational programmes;
Promoting the coordination of public services;
Monitoring the general impact of European Union funds and national
programmes on the region.
Local level: Local authorities
The 29 County Councils and the five City Councils are entrusted the following
competences:
• Housing and building: the enforcement of minimum standards, assistance
with provision of housing for those unable to house themselves;
• Planning permission;
• Road transportation and safety, including the construction, improvement
and maintenance of roads and other traffic functions;
• Water supply and sewerage, including the provision of water supplies,
sewerage and drainage. The Government has announced the establishment
of a new national body to take over responsibility for the provision of
water services. Arrangements in this regard will be put in place over the
coming years;
• Development incentives and controls, including preparing and
implementing development plans for their areas, controlling development
and preserving and improving amenities;
• Environmental protection, including collection and disposal, street
cleaning, water safety, pollution control, fire-fighting and promotion of
environmental health;
• Recreation and amenities, including the provision of swimming pools,
parks, open space, library service and community centres;
• Miscellaneous services, i.e. registers of voters and jurors and provision of
courthouses and pounds;
• Agriculture, education, health and welfare (no longer a major function of
local authorities, although they do provide higher education grants).
In addition to the functions outlined above, a fundamental role of democratically
elected local government is the representation of local communities, voicing of
local concerns and response to local needs.
The 80 municipalities, which include five Borough Councils and 75 Town
Councils and are sub-divisions of the counties, have competences in the field of:
• Housing , including building control;
457
•
•
•
•
•
Transport, including local road transport and safety;
Local planning;
Culture facilities, including library service, sports, and recreation;
Public areas, i.e. parks and open spaces;
Registration of voter and jurors.
Local authorities operate through Strategic Policy Committees. These
committees are composed of elected members and nominated representatives
from sectoral bodies, such as the social partners and non-government
organisations. These committees make policy recommendations to the local
authority. One of the key aims of these committees is to integrate more closely
local development and local government.
While central government has encroached upon the powers of local authorities
by establishing various agencies with supervisory and legislative powers, there
has been an easing of central control in areas such as staffing, budget control
and financial allocations. New systems for financing local government have also
been introduced.
Representation: There is no formal representation of the local authorities
before the central government. However, the members of the Parliament provide
a role in setting up meetings with ministers for individual local authorities or by
putting on the record of the Parliament concerns expressed by the representative
associations, the association of county and city councils of Ireland and the
association of municipal authorities of Ireland.177
Information: Relevant government departments liaise with local authorities on
a regular basis about any changes in legislation or government policy. The
provision of such information is a matter for each government department178.
Consultation: There is no framework for the consultation of local and regional
government. However, ad hoc informal consultations may be initiated between
officials from the local authorities and the central government. But this mainly
concerns technical rather than political issues. The consultation procedure is
entirely dependent on the political imperatives and departmental priorities of the
day. Local authorities, as a relevant stakeholder would be consulted on any
proposed changes, which would impact on their functions and responsibilities179.
177
179
178
458
Coordination: The national government’s Department of the Environment,
Community and Local Government has primary supervisory authority over the
local and regional authorities. This department has significant ex ante
responsibility (approval) and ex post responsibility (monitoring legality) over
local, intermediate, and regional authorities.
Each Regional Authority has a designated County/City Manager, to assist in
guiding the work of the authority and ensure better coordination between the
local authorities in the region. The County Manager, as well as being manager
of the county council, is also the manager of all borough and town councils
within a county. Town clerks (at the local level) work under the guidance of the
county manager (intermediate level).
Networks of County and City Managers and Directors of Services in the local
authorities have regular contact with the central government department on
operational issues180.
The European and International Affairs Division of the Department of An
Taoiseach (Prime Minister) co-ordinates and contributes to the development of
Ireland's policies on issues of European and International concern. In
conjunction with other Government departments, the division monitors
emerging European and International policy positions and the policy approaches
from the various government departments and other state bodies. The
Department also cooperates closely with the Permanent Representation of
Ireland to the EU, the EU institutions and the Houses of the Oireachtas181.
The Minister for the Environment, Community and Local Government
nominates the nine Irish members to the CoR and nine alternates on behalf of
the government. Nominations take into account geographical, gender and
political considerations, with all regional authorities represented. All Irish
members of the CoR are elected members of their local authority and
automatically become members of their regional authority, where that is not
already the case.
In 2000, the Irish Regions Office (IRO) was established in Brussels to
represent Irish regional interests and support the Irish members of the CoR. The
IRO’s activities are directed by a sub-committee of the Association of Irish
Regions.
180
Committee of the Regions, Study on the Division of Powers between the EU, the Member States and
Regional and Local Authorities, (Author: European University Institute, under the supervision of Professors
Michael Keating and Jacques Ziller) 2008.
181
459
The association of county and city councils of Ireland is a member of the
Congress of the Council of Europe (CLRAE) and the Council of European
Municipalities and Regions (CEMR).
The association of municipal authorities of Ireland is a member of the Congress
of the Council of Europe (CLRAE) and the Council of European Municipalities
and Regions (CEMR)182.
The national Parliament established a mechanism of subsidiarity scrutiny within
the framework of the Early Warning System.
Both houses of the Irish Parliament (the House of Representatives (Dáil
Éireann) and the Senate (Seanad Éireann)) have set up a Joint Committee on
European Affairs (JCEA). As a consequence, the scrutiny procedure is common
to both chambers. The JCEA thus holds responsibility for both, subsidiarity
checks and the scrutiny of EU legislative proposals.
Any reasoned opinion agreed upon by the JCEA is then submitted to each House
during its plenary session for its own consideration as to whether or not to agree
with it and send that reasoned opinion to the European Commission.
As Irish regions are not bestowed any legislative power, they are not involved as
such in subsidiarity scrutiny. However, the JCEA has agreed that the Irish
delegation to the CoR would act as a consultation point with respect to the local
government level. Moreover, the Joint Committee may consult other
stakeholders.
182
From the Congress of the Council of Europe website, updated on: no information available (Last consultation
11.05.12)
183
Committee of the Regions, Report on ‘Subsidiarity in the multilevel Framework of the Lisbon Treaty’,
460
13.4 Bibliography
Constitution:
Constitution of Ireland – BUNREACHT NA hÉIREANN, (last consultation
17.02.12).
Legislation:
Local Government Act, 1991 (Regional Authorities) (Establishment) Order,
1993 S.I. No. 394/1993, (last consultation 17.02.12).
Local Government Act, 2001, Number 37 of 2001, (last consultation 17.02.12).
Heritage Act 1995 (last consultation 17.02.12).
Websites:
Public Service Information – Citizens Information, (last consultation 17.02.12).
The Irish Regions – Brussels Office Website, last update: no information
available (last consultation 17.02.12).
Department of the Environment, Community and Local Government, Last
update: © Copyright Department of the Environment, Community and Local
Government 2007 (last consultation 17.02.12).
Department of Foreign Affairs and Trade, Last update; 17.02.11 (last
consultation 17.02.12).
Department of Transport, Tourism and Sport, Last update: Copyright © 2012
Department of Transport, Tourism and Sport. (last consultation 17.02.12).
Department of Jobs, Enterprise and Innovation, Last update: 19.01.12 (last
Department of Social Protection, Last update 13.07.2009 (last consultation
17.02.12).
Department of Education and Skills, Last update: no information available (last
Department of Agriculture, Food and the Marine, Last update, no information
Department of Children and Youth affairs, Last update: no information available
(last consultation 17.02.12).
Department of Arts, Heritage and the Gaeltacht, Last update: no information
Department of Health, Last update: © Department of Health, 2011 (last
Department of Finance, Last update: no information available (last consultation
17.02.12).
461
Department of Communications, Energy and Natural resources, Last update:
31/01/2012 (last consultation 17.02.12).
Department of Justice and equality, Irish naturalisation and immigration service,
Last update: no information available (last consultation 17.02.12).
Department of Defence, civil defence, Last update: information not available
(last consultation 17.02.12).
IVEA (Representing Vocational Education Committees) Website, Last update ©
IVEA 2012, (last consultation 17 .02.12).
Heritage Council Website, Last update: no information available (last
Publications:
Committee of the Regions, Report on ‘Subsidiarity in the Multilevel Framework
published.
within European States, 2007
Speech by Mr Phil Hogan T.D, Minister for the Environment, Community and
Local Government, Seanad Statements on Local Government reform, 1
February 2012.
Address by Mr. Phil Hogan T.D., Minister for the Environment, Community and
Local Government, Association of Municipal Authorities of Ireland, Annual
Spring Seminar, Hotel Kilmore, Cavan, 10 February 2012.
462
the CoR
a.
Transport policy
Central level
• Transport policy and legislation;
• Setting the legal framework for provision, funding and maintenance of
roads;
• Road and public transport infrastructures;
• Management of state-owned airports (Dublin, Cork, Shannon);
• Maritime transport policy and Irish Coast Guard policy;
• Railway and public bus services (hitherto, state monopoly);
• Supervision of the implementation of aspects of transport policy which
are entrusted to a range of state-sponsored bodies and agencies
(Department of Transport);
The National Transport Authority, which was set up under statute in 2009, is
responsible for:
• Licensing bus routes;
• entering into contracts for the provision of public transport services;
• Providing funding for specified bus and rail travel services that are
considered necessary for economic or social reasons;
• Regulating the small public service vehicle sector;
• Promoting an integrated public transport network;
• Implementing integrated ticketing, fares and information schemes.
Regional level
The National Transport Authority, which was set up under statute in 2009, is
responsible (in the Greater Dublin Area (GDA)) for:
• The preparation and regular review of a transportation strategy;
• The adoption of an integrated implementation plan and a strategic traffic
management plan;
• Financing the construction of public transport infrastructure;
• Promoting an integrated public transport network;
• Implementing integrated ticketing, fares and information schemes, and
• Regulating fares and encouraging increased public transport use.
463
The Authority also has responsibility for the development of an integrated
transport system within the GDA – counties Dublin, Kildare, Meath and
Wicklow.
Local level: County Councils and City Councils (and local authorities
grouped around counties or large cities)
• The coordination of transport networks on their own territory;
• The provision, maintenance, management, preservation or restoration of
land, structures of any kind or facilities (in the framework of the
promotion of interests of local communities);
• Supporting the delivery of the Government’s Sustainable Travel Policy
Smarter Travel at national and local level. (Responsibility of the Local
Authority Network, which was established on 14 July 2009184).
The Network is comprised of a nominated official from each Local Authority
and members of the National Sustainable Travel Office of the Department of
Transport, Tourism and Sport. It meets three times a year with meetings of
subgroups taking place throughout the year.
Sources
Local Government Act, 2001, Number 37 of 2001, in particular art. 66 (1) (b),
(4) (b)
Department of Transport, Tourism and Sport
The Local Authority Network webpage
The National transport Authority webpage
184
The Local Authority Network provides for structured liaison between central and local government to ensure
that sustainable travel policy is delivered consistently and in accordance with best international practice at local
level in Ireland.
464
b.
Employment policy
Central level
• Employment and labour market policies, including funding;
• Direct employment schemes (the most important being Community
Employment);
• Tax and welfare measures to encourage the movement from welfare to
work;
• Training programmes and services;
• Enforcement of employment rights and entitlements, including Insurancebased unemployment Benefit, Unemployment Assistance and
Supplementary Welfare Allowance;
• The promotion of industrial peace and effective dispute resolution;
• Enterprise, industrial and technical development for the purpose of
regional industrial development (Powers vested in the national agencies);
• Supporting access to the labour market for jobseekers at local, regional
and national level and assisting employers who are seeking to fill job
vacancies. (National Employment Service (NES)185);
• Employment Programmes, including employment and development
programmes that focus on the integration/re-integration into the labour
market of long-term unemployed and other marginalised people;
• Forfás and Enterprise Ireland (indigenous industry);
• IDA Ireland (inward investment).
Regional level
Regional bodies are responsible for regional economic development. Examples
of such bodies are Shannon Development and Údarás na Gaeltachta186.
• The provision of services to those most disadvantaged in the labour
market (The Local Employment Service (LES))
185
The NES operates nationally through 63 local Employment Service offices (provide a fully integrated
nationwide range of services and supports).
186
Údarás na Gaeltachta is the regional authority responsible for the economic, social and cultural development
of the Gaeltacht.
465
The Local Employment Service is the local branch of the National Employment
Service, which operates mainly through Local Area Partnership Companies on
contract from Employment Services and the Department of Social Protection.
• Guidance, training, education and employment support (Contacts points
of the Local Employment Service Network (LESN)).
The LES operates through a network of offices and outreach centres located in
25 designated disadvantaged areas, 24 Partnership areas and one nonPartnership area (Kildare).
• Developing strategies at county level to include economic development
(County Development Boards).
A variety of local partnership organisations have been set up over the last 15
years with assistance from central government. Moreover, 35 Enterprise Boards
have been established at the county level.
Sources
Department of Jobs, Enterprise and Innovation
Údarás na Gaeltachta Website
FAS training and Employment authority Webpage, in particular the page on the
Local Employment Service
466
c.
Social policy
Central level
•
•
•
•
The social welfare system (The Department of Social Protection);
Formulating appropriate social protection policies;
Designing, developing and delivering effective and cost-efficient income
support;
The coordination of the National Action Plan Against Poverty and Social
Exclusion (NAPincl), which incorporates the National Anti-Poverty
Strategy (The Social Inclusion Division in the Department of Social
Protection);
There exist five national social inclusion agencies, namely Pobal, the Citizens
Information Board, the Equality Authority, the Family Support Agency and the
National Disability Agency.187
Moreover, the country relies on three national advisory bodies on economic and
social policy. These are the National Economic and Social Council, the National
Economic and Social Forum and the Economic and Social Research Institute.188
Regional level
Údarás 189 (mentioned in the previous table) also facilitates community
cooperatives and community development companies in the Gaeltacht in the
field of social missions.
187
Pobal: is an independent company designated by the Government and the European Commission to support
local economic and social development. Pobal manages a number of programmes targeted at countering
disadvantage and exclusion and promoting reconciliation and equality. The Citizens Information Board is the
national support agency responsible for supporting the provision of information, advice and advocacy on social
services. It provides citizens information, support for information providers and social policy and research
information. The Equality Authority is the statutory agency working towards the elimination of discrimination
on the grounds of gender, age, disability, race, religion, marital status, family status, sexual orientation and
membership to the Traveller community. The Family Support Agency was established in 2003 and is a
statutory body providing and supporting family mediation and family support services. The National Disability
Authority is the statutory agency which advises the Government on disability policy. It also undertakes research
on disability in Ireland and monitors the implementation of codes and standards aimed at promoting equality for
people with disabilities.
188
The National Economic and Social Council advises the Government on economic and social development.
The National Economic and Social Forum monitors and evaluates the implementation of policies and
programmes aimed at achieving equality social inclusion. The Economic and Social Research Institute is a
national independent research body on economic and social policy. It undertakes and publishes a wide range of
research studies on all aspects of social and economic development.
189
of the Gaeltacht.
467
County Development Boards are responsible for the preparation of county-level
strategies for social development.
Sources
Department of Social Protection
468
d.
Education
Central level
•
•
Formulation and implementation of education policy;
Conducting research, review, evaluation and development of policy
relating to all areas of education;
In charge of the Inspectorate at first and second levels:
• Discharging operational, resourcing and support functions relating to the
funding of the sector, the payment of teaching and non-teaching staff and
grants to schools and other education bodies, as well as the allocation of
teaching resources and other support;
• The provision of psychological and school transport services;
• The planning and provision of education infrastructure;
• Determining the curricula for school education (in cooperation with
administrations, universities enjoy considerable freedom in determining
curricula, standards and degrees).
Regional level
Údarás190 funds a range of strategic language initiatives as well as supporting the
Irish language through its own practices. These language activities include:
•
•
•
•
Irish-language pre-schools;
The provision of third-level courses through Irish;
Initiatives to promote Irish in the workplace;
Establishment and operation of community-based language learning
centres.
•
•
•
Implementing General Training Policy, via local partnerships;
Primary schools (significant influence of the church on primary
education), and
Administrating and controlling certain secondary schools.
190
of the Gaeltacht.
469
Sources
Department of Education and Skills
470
e.
Vocational training
Central level
• The vocational training system, and
• The provision of national programmes for young and long-term
unemployed people.
Responsibilities for vocational training are shared between several ministries
along the lines of different social groups and economic sectors. These include
the Department of Education, the Department of Jobs, Enterprise and
Innovation, the Department of Agriculture, Food and the Marine, and the
Department of Foreign Affairs and Trade.
Regional level
Regional Authorities are involved in the Territorial Employment Pacts.
• Running and managing the state-owned vocational training schools, in
close cooperation with the 33 Vocational Education Committees (VECs).
In October 2010, the Department of Education and Skills announced that the
number of VECs is to be reduced from 33 to 16 by amalgamation. In 2011, the
new government confirmed that scale of reduction. It announced the
establishment of SOLAS, a new steering and funding agency to cover the further
education provision of the VECs, which will also absorb the training activities
formerly carried out by FÁS (the training and Employment Authority).
471
Sources
Department of Education and Skills
Department of Jobs, Enterprise and Innovation
Department of Agriculture, Food and the Marine
IVEA (Representing Vocational Education Committees) Website
Halving number of VECs will save €3m, says Quinn, the Irish Times, 30 June
2011.
472
f.
Central level
Youth policy
• Determining general principles and policy guidelines;
• Providing the legal framework;
• Coordinating initiatives;
• The provision of financial support for voluntary associations;
• Giving advice (the Irish Youth Council).
Sport policy
• Developing sport policy;
• Liaising with the Irish Sports Council;
• Completing a new Strategy for the provision of sports facilities
throughout the country;
• Promoting Ireland as a training base ahead of the London 2012 Olympic
and Paralympic Games;
• Administrating the sport programmes.
Regional level
---
Youth policy
• The provision of financial support for youth associations;
• Setting up and financing youth programmes;
• The interrelation of local youth policy and local activities in the area of
vocational training.
Sport policy
• Providing amenities, facilities and services related to sports and games;
• General recreational and leisure activities;
• The public use of amenities.
473
Sources
Local Government Act, 2001, Number 37 of 2001, in particular Art. 64(d), 67(2)
Department of Children and Youth affairs
474
g.
Culture policy
Central level
• Cultural affairs;
• The provision of financial support, funding for cultural activities and
projects;
• The external cultural policy, and
• The promotion of interest, education, knowledge and pride in national
heritage through research, policy advice and publication (responsibility of
the Heritage Council, which is a statutory body under the Heritage Act of
1995).
Regional level
Údarás191 funds a range of strategic cultural initiatives as well as supporting the
Irish language through its own practices.
According to the Art Act of 2003, local authorities are responsible for:
• Preparing and implementing plans for the development of the arts;
• Providing financial or other assistance as it considers appropriate for the
purposes of:
Stimulating public interest in the arts;
Promoting knowledge, appreciation and practice of the arts, or
Improving standards in the arts.
• Implementing their own activities in the policy field of culture;
• Setting up and running of theatres, cultural centres and libraries;
• Implementing cultural initiatives that are directly supported by the EU.
191
of the Gaeltacht.
475
Sources
Local Government Act, 2001, Number 37 of 2001, in particular Art. 66(4)(f),
67(2)
Heritage Act 1995
Department of Arts, Heritage and the Gaeltacht
Heritage Council Website
476
h.
Central level
•
•
•
•
•
Providing the legal framework and policy guidelines for Public Health;
Setting up the legal and organisational framework for the hospital system;
Public health education and disease prevention programmes;
Evaluating the performance of the health and social services;
The Department of Health allocates funding to the Health Service
Executive (HSE). Each HSE Area then makes decisions about how they
will distribute available resources to the agencies in their area.
• Agencies set legal framework and policy guidelines for health insurance
system.
Agencies and in particular the Health Service Executive (HSE) are set up at the
local level and are controlled by the national level.
Regional level
--Local level: County Councils and City Councils (and local authorities
• Running and implementation of health policy programmes (both national
and EU-programmes);
• Implementation of measures related to public health programmes;
• Public health services are delivered at a local level by a Health Service
Executive (HSE) Area. These HSE Areas provide and maintain hospitals,
sanatoriums, homes, laboratories, clinics and health centres in their area.
Sources
Department of Health
477
i.
Central level
• Legislation and policy implementation located at the national level;
• Political and fiscal responsibility for TEN and major transport and railway
infrastructure projects.
Centralisation is extremely visible in the field of TEN.
Regional level
• Participating in the decision-making on major infrastructure and TEN
projects, via representation in the bicameral parliament.
Sources
478
j.
Central level
ERDF
• Formulating economic and financial policies;
• Administrating the public finance of the country;
• The collection and expenditure of the revenues of Ireland from whatever
source arising;
• The promotion and coordination of economic and social planning,
including sectoral and regional planning;
• The identification of development policies;
• Economic and social planning matters.
Spatial planning
• Determining the policy framework, namely the National Spatial Strategy
(The Department of the Environment, Community and Local
Government, in cooperation with the planning appeal boards);
National ministry has no direct input into development plan-making process or
the individual applications.
ESF
• Policy formulation and implementation in the policy field related to the
ESF;
• The formulation of policy guidelines, major priorities, programmes and
policy implementation.`
Regional level
ERDF
• The verification and implementation of concrete EU Regional Policy
measures and programmes, in cooperation with the national government;
479
• Encouraging investment in the Gaeltacht, through a range of generous
incentives for new enterprises and through support and assistance for
existing businesses (Údarás192).
Spatial planning
measures and programmes, in cooperation with the national government.
ESF
measures and programmes, in cooperation with the national government.
ERDF
• Providing assistance in money (grants, loans, guarantees or other financial
aid) or in kind when they consider necessary or desirable to promote the
interests of the local community.
Spatial planning
The most important powers are delegated to the local planning authorities, these
include:
• Physical planning and land-use policy;
• Drawing up land-use plans, as well as development plans;
• Operating the system under the Planning Acts 2000-2006 (in direct
cooperation with An Bord Pleanála)193, and
• Delivering public infrastructure and services, though Public Private
Partnerships (PPP).
Since 1999/2000, the local government sector has been to the fore in embracing
PPPs in the areas of water, waste water, waste, housing and local services.
192
of the Gaeltacht.
193
Accordingly, queries on any specific planning application should be directed to the local authority for that
area.
480
ESF
• Participating in the ESF via the EU rules and procedures.
Sources
Local Government Act, 2001, Number 37 of 2001, in particular Art. 66
Department of FinanceÚdarás na Gaeltachta Website
481
k.
Environment and the fight against climate change
Central level
• The environmental policy and legislation;
• The implementation and enforcement of a range of legal requirements
arising from EU Directives (Responsibility of national environmental
agencies, including the Environmental Protection Agency (EPA)).
Regional level
More and more regional environmental policies are adopted. An example is the
regional waste management plans.
• Implementing tasks within the framework of EU programmes;
• Pollution control and animal control;
• Issuing licenses for waste disposal and for emissions into the air from
plants;
• Monitoring the environment for signs of pollution;
• Regulating household waste collection (under the Waste Management
Acts);
• Providing essential services, such as water and sewerage services and
drainage (However, as indicated above, responsibility in this regard will
be transferred to a new national water undertaking, to be established);
• General environmental protection and improvement, as they consider it
necessary to promote the interest of the local community.
Sources
Department of the Environment, Community and Local Government
482
l.
Energy
Central level
•
•
•
•
•
•
•
•
•
Electricity and gas policy;
Electricity and gas regulation;
Energy efficiency;
Energy poverty ;
Oil security;
Corporate governance of state energy companies North-South energy
cooperation;
Peat;
Energy research;
Implementing energy policy (Responsibility of agencies and semi-state
bodies, namely, the Electricity Supply Board, The Irish Gas Board, the
Sustainable Energy Authority of Ireland, the Bord na Móna plc and Eir
Grid). Some of those agencies have a regional office.
Regional level
Local authorities, supported by the 14 local energy agencies, are responsible for:
•
•
•
Delivering energy efficiency solutions;
Stimulating the increased uptake of renewable energy sources;
Promoting clean and sustainable transport.
Sources
Department of Communications, Energy and Natural resources
The Association of Irish Energy Agencies webpage
483
LRAs
a.
Agriculture
Central level
•
•
•
•
•
•
•
•
•
Overall policy and legislation;
Representing the country in international, especially EU, and national
negotiations;
Developing and implementing national and EU schemes in support of
agriculture and food;
Monitoring and controlling aspects of food safety;
Controlling and auditing public expenditure;
Regulating the agriculture and food industries, through national and EU
legislation;
Monitoring and controlling animal and plant health and animal welfare;
Monitoring and directing state bodies engaged in the areas of research,
training and advice, market development and promotion, industry
regulation and development, and commercial activities;
Providing direct support services to agriculture, food and forestry.
Regional level
•
•
Managing regional programmes;
Reviewing the implementation of other Community programmes at the
regional level.
--Sources
Department of the Agriculture, Food and the Marine
484
b.
Fisheries
Central level
• Overall policy and legislation;
• Representing the country in international, especially EU, and national
negotiations;
• Developing and implementing national and EU schemes in support of
fisheries;
• Monitoring and controlling aspects of food safety;
• The control and audit of public expenditure;
• Regulating the fisheries industries, through national and EU legislation;
• Monitoring and directing state bodies engaged in the areas of research,
training and advice, market development and promotion, industry
regulation and development, and commercial activities;
• Providing direct support services to fisheries.
Regional level
Regional authorities are responsible for monitoring and making proposals in
relation to the general impact of EU funding in the region.
--Sources
Department of the Agriculture, Food and the Marine
485
c.
Immigration and asylum
Central level
• Implementing the policy in relation to the admission of non-European
Economic Area (EEA) nationals (Ireland Immigration and Citizenship
(Operations) Division);
• Residence in the State (the Garda National Immigration Bureau);
• Granting, where appropriate, Irish citizenship;
• Setting up and implementing integration policy (The Irish Naturalisation
and Immigration Service).
The asylum policy and procedure are managed at government level under a three
pillar structure consisting of:
• The Office of the Refugee Applications Commissioner (ORAC);
• The Refugee Appeals Tribunal (RAT), and
• The Reception and Integration Agency (RIA).
Regional level
--Sources
Department of Justice and equality, Irish naturalisation and immigration service
486
d.
Tourism
Central level
• Developing, monitoring and reviewing the overall policy framework for
tourism;
• Coordinating Departmental policy input in relation to the EU;
• Formulating, implementing and reviewing the government policy as it
impacts on tourism;
• Reviewing and facilitating the delivery mechanisms for state support for
tourism;
• Facilitating and reviewing the use of public funds for human resource
(HR), enterprise and product development in the tourism sector.
Agencies (those agencies are: Fáilte Ireland, tourism Ireland Limited and
Shannon Development), under the aegis of the Department of Transport,
Tourism and Sport, are established to deal with the administration of the tourism
policy.
Regional level
Shannon Development promotes tourism in Ireland's Mid-West region. It is
responsible for:
• Initiating and supporting tourism development as a key element in the
achievement of overall economic growth throughout the Shannon
region194, by means of support including project identification, a tourism
advisory service for prospective developers and grant aid support for
certain categories of tourism projects;
• Providing tourist services to visitors to the Region, through its network of
Tourist Offices.
• Engaging in various activities, such as leisure activities, artistic and
cultural activities, general environmental and heritage protection etc.,
which can be linked with tourism as they consider necessary or desirable
to promote the interest of the local community.
194
Shannon region is not an official region.
487
Sources
488
e.
Civil protection
Central level
• The coordination and overseeing of planning for emergencies;
• Civil defence, including first aid, search and rescue, fire fighting, boating
techniques, radiation monitoring, radio communications and welfare, at
the national level (the Civil Defence Board, with the enactment of the
Civil Defence Act 2002);
• Providing support to the Government Task Force on Emergency Planning.
(Office of Emergency Planning, Minister for Defence).
• Undertaking non–combatant activities and measures to afford defence
against or mitigate the effects on persons and property of an attack on the
state or of hazards otherwise arising during a time of war or emergency
such as from radioactive fallout, biological or chemical warfare. (The
Irish Civil Defence, which is part of the Department of defence).
Principal response agencies (PRAs) have been designated by the central
government to respond to major emergencies. These are the Garda Síochána, the
Health Service Executive and the local authorities. Each principal emergency
service is part of a larger PRA.
Moreover, and depending on the nature of the emergency, agencies other than
the PRAs, such as the Defence Forces or the voluntary emergency services, may
be required.
Regional level
Civil defence is split into 32 administrative areas based largely on local
authorities’ administrative areas. Local authorities are responsible for:
• Delivering civil defence services;
• Planning organising and recruiting for civil defence (Civil Defence
Officers or Assistant Civil Defence Officers of the administrative areas);
• Managing fire services.
The fire services are operated by 37 fire authorities, which are managed by the
City Councils, County Councils, Borough Councils and Town Councils around
the state.
489
Sources
Department of Defence, civil defence
490
14. Italy
Italy is a parliamentary Republic. The Parliament is bicameral and composed
of the Chamber of Deputies (Camera dei deputati) and the Senate (Senato della
Repubblica), each having equal powers. None of the chambers officially
represent local and regional authorities. The Government is led by the Prime
Minister (Presidente del consiglio dei ministri) and the Head of State is the
President of the Republic (Presidente della Repubblica).
In accordance with the 1947 Constitution, the Italian Republic is ‘unitary’,
while recognising the principles of local autonomy and decentralisation195.
Nevertheless, as of today, Italy is considered as a ‘regionalised’ country. In
this respect, regionalism has been progressively established after World War II,
in reaction to the fascist period of centralisation. The original Constitution
granted a special status to five Regions. The remainder of the fifteen Regions,
recognised by the Constitution as having an ordinary status, were established at
a later stage, in 1970. Administrative functions were transferred to them
between 1972 and 1977. Regionalisation was strengthened in the 1990s. The socalled ‘Bassanini’ laws of 1997 (in particular, Law 59/1997) gave Regions
residual administrative powers. A constitutional reform intervened in 2001 to
modify the division of legislative competences between the State and the
Regions, by distinguishing between exclusive competencies of the State,
concurrent competencies, and exclusive competencies of the Regions. The
regional statutory autonomy was also enlarged by a constitutional reform
intervened in 1999. In 2005, a major constitutional reform broadening the
powers of the Regions was rejected by referendum. As regards Provinces and
Municipalities, their statutory autonomy was recognised in 1990 and enshrined
in the Constitution in 2001.
Italy is made up of Regions (regioni), Provinces (provincie), Municipalities
(comuni) and metropolitan cities (città metropolitane)196. The Regions197, the
Provinces198 and the Municipalities199 may adopt their own statutes.
There are fifteen Regions with ordinary status200 (regioni a statuto ordinario):
Piemonte, Lombardia, Veneto, Liguria, Emilia-Romagna, Toscana, Umbria,
Marche, Lazio, Abruzzo, Molise, Campania, Puglia, Basilicata and Calabria.
195
Constitution of 1947, entered into force on 1 January 1948, Articles 5 and 114.
Constitution, Article 114.
197
198
Decreto Legislativo 18 agosto 2000, n. 267 "Testo unico delle leggi sull'ordinamento degli enti locali"
(pubblicato nella Gazzetta Ufficiale n. 227 del 28 settembre 2000 - Supplemento Ordinario n. 162) [Legislative
Decree 267/2000 on the organisation of local authorities], Article 6.
199
Ibid.
200
The statutes of 13 of them were approved by State laws of 22 May 1971, numbered from n.339 to n.350 and
published in the supplement of the Official Gazette n.148 of 14 June 1971. The Statute of the Abruzzo Region
196
491
Five Regions – Friuli-Venezia Giulia201, Sardinia202, Sicily203, Trentino-South
Tyrol204, and the Aosta Valley205 – have a special autonomous status (regioni
autonome a statuto speciale), taking into account relevant geographic and/or
cultural specific features. The Trentino-South Tyrol Region is made up of the
autonomous provinces of Trento and Bolzano. Regions have legislative and
administrative competences, defined by their statutes.
Every region has a statute that serves as a regional constitution, determining
the form of government and the fundamental principles of the organisation and
the functioning of the region, as prescribed by the Constitution of Italy (Article
123). The main difference between the special status and the ordinary status is
that while the ordinary statute is adopted and modified by regional law, the
special statute is adopted by constitutional law, as well as any change thereof.
The reform of Title V of the Constitution of 2001 has increased the powers of
ordinary statute regions, especially in subjects with concurrent jurisdiction
between state and region. This caused the diminishing, to some extent, of the
distinction between the ordinary and special status Regions.
Provinces and Municipalities enjoy more limited autonomy than Regions.
They are able to benefit from a special status, which is the case, today, of the
two Autonomous Provinces of Trento and Bolzano only. The 110 Provinces206
constitute both a level of local self-government and of devolution of the central
Government. Following the regional referenda held in Sardinia on 06 May 2012,
the eight Provinces currently established in the Region will be replaced as of 1st
March 2013 by Unions of Municipalities. The 8.092 Municipalities207 have a
general competence for local affairs and may be delegated competences by the
State or the Regions.
The Constitution guarantees both local self-government and the
subsidiarity principle. It gives indications on the exclusive competencies of the
State, concurrent competencies, and exclusive competencies of the Regions208.
Residual competence is vested in the Regions.209
The State is vested with regulatory powers relating to its exclusive legislative
powers, although it may delegate them to the Regions. Regions have regulatory
was approved by State law 480/71, and published in the Official Gazette 190 of 28 July 1971. The Statute of the
Calabria Region was approved by State law 519/71, and published in the Official Gazette 195 of 3 August 1971.
201
Constitutional law 1/63.
202
203
Rdl 455/46
204
205
206
ISTAT, Codici dei comuni, delle province, e delle regioni.
207
Ibid.
208
209
Ibid.
492
power in all other matters. The Provinces and Municipalities have regulatory
powers for the organisation and implementation of their functions.210
Municipalities are delegated administrative responsibilities, unless they are
delegated to the provinces, metropolitan cities, Regions and the State under the
principle of subsidiarity, adequacy and differentiation, and to ensure
harmonisation211.
Since the 2001 constitutional reform, the central Government is no longer
able to suspend regional legislation. Disputes either between the central
Government and the Regions, or between Regions are referred before the
Constitutional Court (Corte costituzionale)212.
The Regions and autonomous Provinces of Trento and Bolzano participate
in the EU decision-making process in the areas falling within their
competences 213 . Upon their request, and under certain circumstances, the
Government may appeal to the Court of Justice of the EU against EU acts. It is
obliged to do so if the State-Regions Conference demands so with an absolute
majority214.
Besides the Constitution, reference should be made to the different statutes of
the Provinces and Regions, in order to know their attributes. Moreover, the Law
62/1953 defines the administration of ordinary Regions. As for the Provinces
and Municipalities, their structures are defined in Laws 142/1990 and 265/1999.
The Legislative Decrees 267/2000 and 112/1998 define the attributions of the
different levels of governance.
Sub-national governments are granted financial autonomy regarding
revenues and expenditure215 (the so called “fiscal federalism” foreseen in the
constitutional reform of 2001 has been implemented by Law 42/2009 and its
subsequent law-decrees). Revenues are derived from taxation (own-source and
shared), grants, and other sources. The Municipalities’ revenue is composed of
34.2% of autonomous taxation, 10.1% of shared tax, 33.7% of grants and 22%
of others. The Provinces’ revenue is composed of about 36.5% of autonomous
taxation, 3.5% of shared tax, 49.7% of grants and 10.3% of others. The Regions’
revenue is composed of about 34.3% of autonomous taxation, 10.5% of shared
tax, 53.1% of grants and 2.1% of others.216
210
Ibid.
212
213
214
Legge 5 giugno 2003, n. 131 "Disposizioni per l'adeguamento dell'ordinamento della Repubblica alla legge
costituzionale 18 ottobre 2001, n. 3” pubblicata nella Gazzetta Ufficiale n. 132 del 10 Giugno 2003 [Law
131/2003], Article 5.
215
216
211
493
The Law Decree 201/2011 foresees two major changes as regards the Provinces:
- The Provinces are responsible for guiding and coordinating functions of
the municipal activities within their remit only;
- Provincial competences are to be transferred to the Municipalities and to
the Regions by 31 December 2012.
Moreover, several laws on the reorganisation of the territorial division and on
the distribution of competences among the different levels of governance are
under discussion. A Code on local government is currently under discussion217.
Furthermore, a constitutional reform foresees converting the Senate into a
federal chamber representing the local and regional authorities (LRAs) 218 .
Debates also take place on the suppression of the Provinces.
National level
The State shall have exclusive legislative powers in the following areas219:
• State foreign policy and international relations, including State relations
with the European Union, the right of asylum and the legal status of nonEU citizens;
• Immigration;
• Relations of the State with religious groups;
• Defence and armed services;
• Money, savings and financial markets;
• Tax system and fiscal equalisation;
• State bodies and corresponding electoral laws, State referenda and
elections to the European Parliament;
• State administration;
• Public order and security, except local police administration;
• Citizenship, civil status and registry;
Union – Organisation, responsibilities and finance, Dexia Ed., La Défense, 2008, pp.412-419.
217
Disegno di legge "Individuazione delle funzioni fondamentali di Province e Comuni, semplificazione
dell'ordinamento regionale e degli enti locali, nonché delega al Governo in materia di trasferimento di funzioni
amministrative, Carta delle autonomie locali, razionalizzazione delle Province e degli Uffici territoriali del
Governo. Riordino di enti ed organismi decentrati" (3118) [Proposal on the identification of the fundamental
functions of the Provinces and Municipalities, simplification of the LRAs organisation, Charter on Local
Autonomy, rationalisation of the provinces and territorial offices. Reorganisation of decentralised entities].
218
Disegno di Legge Costituzionale “Modifiche agli articoli 55 e 57 e abrogazione dell'articolo 58 della
Costituzione in materia di composizione del Senato della Repubblica e di elettorato attivo e passivo” [Proposal
of Constitutional Act on the modification of Articles 55 and 57, the repealing of Article 58 of the Constitution,
relating to the composition of the Senate and the active and passive electorate].
219
494
• Jurisdictions and proceedings norms;
• Criminal, civil and administrative justice;
• Determination of minimum standards of civil and social rights that shall
be guaranteed throughout the national territory;
• General education standards;
• Social welfare;
• Electoral legislation, main bodies and functions for municipalities,
provinces and metropolitan areas;
• Customs, protection of national borders and international prophylaxis;
• Weights and measures, and time standards;
• Coordination of the statistical and information system (central, regional
and local);
• Products of human ingenuity;
• Environment and ecosystem protection, and
• Cultural heritage protection.
The State exercises concurrent legislative power with the Regions in a number
of other areas listed in Art. 117 of the Constitution (see regional
responsibilities).
The power to issue regulations shall be vested in the State regarding matters
where it has exclusive legislative power, insofar as it does not devolve such
power to the Regions220.
Regional level
The Regions shall have (exclusive) legislative power with respect to any matters
not expressly attributed to the State221.
There is a number of matters of concurrent legislation for which the State shall
only set fundamental principles222:
•
•
•
•
•
International and EU relations of the Regions;
Foreign trade;
Protection and security at work;
Education, except scholastic education and vocational training;
Professions;
220
Ibid.
Ibid.
222
Ibid.
221
495
• Scientific and technologic research as well as support to innovation in
productive sectors;
• Protection of health;
• Food;
• Sports;
• Civil protection;
• Town planning;
• Civil ports and airports;
• Large-scale transport and navigation networks;
• Communications;
• Energy production, transportation and distribution;
• Complementary social welfare;
• Public accounts harmonisation, coordination of the public finances and
taxation system;
• Development of cultural and environmental resources;
• Regional savings bank, rural banks and credit agencies, and
• Regional land and agricultural credit institutions.
The power to issue regulations shall be vested in the Regions in all matters not
subject to exclusive State competence223.
Local level
Responsibilities of the provinces
As of today, Provinces are mainly responsible for decentralised implementation
of State responsibilities and play a coordinating role for supra-municipal issues.
They have competence in the following areas (Art. 19 of Legislative Decree
267/2000):
• Territorial planning, including spatial planning;, social and land-use
planning;
• Environment, including environmental protection, disaster prevention,
pollution, fauna and flora protection, natural reserves and parks, water
refuse, energy resources and waste collection;
• Police, in particular civil protection;
• Culture, in particular protection of cultural heritage;
• Transport, including provincial highways and public transport;
• Agriculture;
223
Ibid.
496
•
•
•
•
•
Fishing, including inland-waters, fresh-water hunting and fishing;
Labour market;
Compiling public data;
Technical and administrative assistance for municipalities, and
Economic development, including local economic development.
Competences which may be devolved by regional or State law are:
• Social welfare, including sanitation and hygiene services, and
• Education, including secondary education, artistic education and
vocational training.
Provinces also (art. 20):
• Coordinate municipal proposals in matters of regional economic,
territorial and environmental plans, and
• Participate in the definition of the regional development plan, as well as in
other regional plans, depending on the regional law.
Responsibilities of the municipalities
Administrative responsibilities of the municipalities are (Art. 13 of Legislative
Decree 267/2000):
• Social welfare, in particular personal social services and community
assistance;
• Education, including school-related services such as canteens, school
buses, assistance for the disabled, pre-school childcare and nursery
schools;
• Culture and recreation, including museums, exhibition halls, cultural
activities and theatre;
• Planning, including town planning, housing, and land registry;
• Transport, in particular running of local transport and maintenance of
local roads;
• Economic development, including drafting of plans for trade, planning,
programming and regulation of commercial activities, as well as
establishment and management of industrial and trade zones;
• Environment, including waste management, and
• Local police.
Deconcentrated responsibilities of the municipalities are (Art. 14 of Legislative
Decree 267/2000):
497
•
•
•
•
Registry, including births, marriages and deaths,
Elections;
Military service, and
Statistics.
Upland communities (Comunità Montane) have special competences in the
following fields:
•
•
•
•
Planning, in particular enhancement of upland areas;
Joint discharge of municipal responsibilities;
Tasks conferred on them by the EU or state or regional laws and policies;
Economic development, including multi-annual work and operation plans,
and
• Instruments for pursuing socio-economic development objectives,
including those laid down by the EU, the State, or a Region.
Representation: There are public representative bodies of local and regional
authorities (LRAs):
- The State-Regions Conference (Conferenza Stato-Regioni);
- The Conference of the Regions and the Autonomous Provinces
(Conferenza delle regioni e delle province autonome, CRPA), and
- The State-Cities and Local Autonomies Conference (Conferenza statocittà e autonomie locali).
Then, there also are private associations of LRAs, which are sometimes
conferred a specific role in consultation with and participation by the law:
- The Union of Italian Provinces (Unione delle province d’Italia, UPI);
- The National Association of Italian Municipalities (Associazione
nazionale dei comuni italiani, ANCI), and
- The National Union of Communes of Upland Communities (Unione
nazionale comuni comunità enti montani: UNCEM).
LRAs to the extent that information is published on the Parliament’s website.
Consultation: The State consults LRAs on acts having a regional/local impact
via the State-Regions Conference and the State-Cities and Local Autonomies
Conference.
498
Coordination: The prefect represents the central Government within the
Province. The prefect is responsible for law and order and urgent measures;
(s)he also acts as a coordinator between the State, the Regions, the Provinces
and the Municipalities224. In the Aosta Valley, the prefect’s duties are discharged
by its President.225
The State-Regions Conference fosters cooperation between the State, the
Regions and the Autonomous Provinces by conveying the views of the
Conference of the Regions and the Autonomous Provinces to the State.226 It is
also associated in the devolution process.
The Union of Italian Provinces ensures coordination between the Provinces and
the State.
The State-Cities and Local Autonomies Conference 227 is in charge of the
coordination between the State and LRAs, as well as the monitoring of policies
which may have an impact on the LRAs’ competences. 228 It cooperates with
UPI, ANCI, as well as UNCEM and holds joint meetings with the Conference of
the Regions and the Autonomous Provinces on matters of common interest.229
A Joint Conference 230 (Conferenza unificata) puts together the State-Region
Conference and the State-Cities and Local Autonomies Conference. 231 Its
overall mission is to foster cooperation between the State and all the LRAs. It is
competent in cases where all levels of governance are called upon to express
themselves on the same issue.232
Horizontal coordination exists at all levels of governance and is ensured through
CRPA, UPI, ANCI, and UNCEM.
The different levels of governance also coordinate during the EU decisionmaking process233.
224
Home Ministry portal, Il prefetto
Aosta Valley portal, Affari di Prefettura, © 2000-2001
226
Home ministry, Conferenza Stato-Regioni
227
Established with DPCM 2 July 1996 (Official Gazette, 27 January 1997, n.21) and regulated by the
Legislative decree of 28 August 1997 n.281 (Official Gazette of 30 August 1997, n.202).
228
Home ministry, Conferenza Stato-città ed autonomie locali – le funzioni
229
Ibid.
230
established by Legislative Decree 281/1997 under Art. 9 of Law no. 59/1997.
231
Home ministry, Conferenza unificata
232
Home ministry, Conferenza unificata – le funzioni
233
Legge 4 febbraio 2005, n. 11 "Norme generali sulla partecipazione dell’Italia al processo normativo
dell’Unione europea e sulle procedure di esecuzione degli obblighi comunitari" pubblicata nella Gazzetta
Ufficiale n. 37 del 15 febbraio 2005 [Law 11/2005 on the Italian participation in the EU decision-making],
Articles 5 and 6.
225
499
In case an EU act comes under regional or local competence, the central
Government transfers it to the CRPA and to the State-Cities and Local
Autonomies Conference, respectively. The State-Cities and Local Autonomies
Conference likewise transfers the act to the associations of local authorities. In
turn, the observations of the Conferences are transferred to the central
Government for the formulation of the Italian position to be presented in the EU
Council. Moreover, regional representatives and local experts may be invited to
the Government’s European Affairs Department (Dipartimento per le politiche
europee) meetings.
A specific mechanism exists for regional opinions to be taken into account
during the EU legislative process. EU proposals are transmitted to the CRPA,
the Conference of the Presidents of the Assembly of Regional Councils and of
Autonomous Provinces and to the presidents of the regional executive
committees and of the regional councils, which have twenty days to submit their
comments to the central Government. In case of EU legislation of importance
for the Regions and Autonomous Provinces, or at the request of one or more
Regions or Autonomous Provinces, the Government convenes the State-Region
Conference to reach a common position within twenty days (after which – or in
case of urgency – the government can proceed). If the State-Region Conference
so requests, the Government undertakes reservation for 20 days not to express
an opinion in the EU Council.
The Italian delegation to the CoR is composed of representatives from the
Regions, the Provinces and the Municipalities selected according to criteria
established by a decree of the President of the Council.234
The Regions and Autonomous Provinces may participate in the Council of
the EU, the Commission, as well as in their working groups and expert
committees, following an agreement in the State-Regions Conference.
The national delegation to the Council may be chaired by regional
representatives and must comprise at least one representative of the special
status Regions and Autonomous Provinces.235
234
Decreto del Presidente del Consiglio dei Ministri, 19 dicembre 2006, Nuova ripartizione tra le collettività
regionali e locali del numero dei componenti italiani del Comitato delle regioni, di cui all’articolo 263 del
Trattato C.E. Annullmanento e sostituzione del decreto del Presidente del Consiglio dei Ministri 12 gennaio
2006 [Presidential Decree of 19 December 2006 on the new composition of the Italian delegation to the CoR],
Article 1.
235
Legge 5 giugno 2003, n. 131, "Disposizioni per l'adeguamento dell'ordinamento della Repubblica alla legge
costituzionale 18 ottobre 2001, n. 3 " pubblicata nella Gazzetta Ufficiale n. 132 del 10 Giugno 2003, [Law
131/2003] Article 5.
500
Moreover, the Government is obliged to appeal to the Court of Justice of the EU
against EU decisions if the State-Regions Conference so demands with an
absolute majority of the special status Regions and Autonomous Provinces,
provided that the matter is within their remit.236
Law 52/96 of 1996 grants Regions the right to open liaison offices in Brussels
for relations with the EU institutions. All Regions and some Provinces have
set up offices in Brussels (Abruzzo, Aosta Valley, Apulia, Basilicata, Calabria,
Campania, Emilia-Romagna, Friuli-Venezia-Giulia, Genoa, Lazio, Liguria,
Lombardy, Marche, Piedmont, Rome, Sardegna, Sicily, South Tyrol, Puglia,
Toscana, Trentino, Umbria and Veneto, the Autonomous provinces of Bolzano
and Trento, the Province of Teramo and of Pise 237). Moreover, four regional
experts are represented in the Italian permanent representation to the EU.
Most regional liaison offices have established bilateral and multilateral
relationships with other European Regions and associations. Several
Regions participate in cross-border projects; all Regions are involved in
networks such as REGLEG. They are also represented in the Assembly of
European Regions (AER) and are members of the Council of European
Municipalities and Regions (CEMR).238
ANCI represents local interest before EU institutions and cooperates with other
associations of LRAs. The research association CITTALIA unites UPI (Unione
Province d’Italia) - which represents all the Italian provinces except the
autonomous provinces of Trento, Bolzano e Aosta - and ANCI in Brussels,
which supports the Italian CoR delegation’s activity, focuses on EU issues
having a local impact and cooperates with major European networks of
municipalities.
On 23 March 2011, Law nº 11/2005 on the process of Italian participation in the
EU legislative process included the novelties introduced by the Early Warning
236
Ibid.
European Week of Regions and Cities, Brussels, 6 – 9 October 2008. Local Government, Rappresentanze
Regionali Italiane a Bruxelles
238
Bilancia, P., Palermo. F., Porchia, O., ‘The European fitness of Italian Regions’, Perspectives on Federalism,
Vol. 2, issue 2, 2010, pp.161-162.
239
by EIPA, 2011. Not published yet; Committee of the Regions, Report on the Role of regional Parliaments in the
process of subsidiarity analysis within the Early warning System of the Lisbon Treaty, 2010; drafted by EIPA
(Vara, Arribas G. & Bourdin D.)
237
501
system (EWS) 240 . According to this reform, both chambers of the central
Parliament shall implement the EWS by way of a reform of their respective
Rules of Procedure 241 . The Senate already amended its Rules of Procedure;
nonetheless, it did not establish a specific procedure insofar as the subsidiarity
scrutiny is included within the broader scrutiny of EU acts. On the contrary, the
Chamber of Deputies amended its Rules of Procedure and established a specific
procedure with regard to the EWS which needs confirmation by way of
regulation242.
The Senate transfers all EU draft legislative acts to the Regions, without filtering
them. Cooperation between the national Parliament and the Regions is defined
in the Protocol of 21 July 2009 on the agreement between the Senate, the
Chamber of Deputies and the Conference of Presidents of regional Parliaments
(Protocollo d’intesa del 21 luglio 2009 tra il Senato, la Camera e la Conferenza
dei Presidenti delle Assemblee legislative regionali)243 244.
Where a parliamentary committee so requests, the Government undertakes
reservation for a specified period not to express an opinion in the Council of the
EU as long as the Parliament has not adopted a position245.
Sardinia (Regional Law 13/2010), Emilia Romagna (Regional Law 16/2008 and
resolution n. 512/2010), Calabria (Regional Law n.3/2007), Sicily (Regional
Law 10/2010), Abruzzo (Regional Law 22/2009), Tuscany (Regional Law
26/2009), Marche (Regional Law. 14/2006) have established subsidiarity
procedures246.
With the reform of Law nº11/2005, the participation of the Regions, the
Autonomous Provinces and the Local Governments in the EU decision-making
is reinforced, providing the Presidents of the regional and autonomous
provincial Parliaments with the possibility to present their observations relating
to the principle of subsidiarity247.
240
Italian Chamber of Deputies, La riforma della legge 11 del 2005; Italian Chamber of Deputies, Partecipazione
dell'Italia al processo normativo dell'Unione europea - A.C. 2854 e abb.-A - Elementi per l'esame in Assemblea
(22/03/2011)
241
Amended law 11/2005, Article 6.
242
Committee of the Regions, Report on ‘Subsidiarity in the Multilevel framework of the Lisbon Treaty’, drafted
243
Protocollo d’intesa fra il Senato della Repubblica, la Camera dei deputati e la Conferenza dei Presidenti delle
Assemblee legislative delle Regioni e delle Province autonome
244
245
Ibid.
246
Committee of the Regions, Report on the Role of regional Parliaments in the process of subsidiarity analysis
within the Early warning System of the Lisbon Treaty, Committee of the Regions, drafted by EIPA (Vara,
Arribas G. & Bourdin D.), 2010..
247
Amended law 11/2005.
502
14.4 Bibliography
Constitution
Constitution of 1947, entered into force on 1 January 1948.
Legislation
Decreto del 31 dicembre 2009 sull’organizzazione dell’Ufficio per lo Sport
Decree of 31.12.2009 on the organisation of the Sport Office].
Decreto del Presidente del Consiglio dei Ministri 13 Settembre 2002
Recepimento dell'accordo fra lo Stato, le regioni e le province autonome sui
principi per l'armonizzazione, la valorizzazione e lo sviluppo del sistema
turistico (Pubblicata nella Gazzetta Ufficiale n. 92 del 20 aprile 2001)
[Presidential decree of 13.09.2001 on the harmonisation, promotion and
development of the tourism system].
Decreto del Presidente del Consiglio dei Ministri, 19.12.2006, Nuova
ripartizione tra le collettività regionali e locali del numero dei componenti
italiani del Comitato delle regioni, di cui all’articolo 263 del Trattato C.E.
Annullmanento e sostituzione del decreto del Presidente del Consiglio dei
Ministri 12.01.2006 [Presidential Decree of 19 December 2006 on the new
composition of the Italian delegation to the CoR], Article 1.
Decreto del Presidente della Repubblica 26 novembre 2007, n. 233, as amended
by Decreto del Presidente della Repubblica del 12 luglio 2009,
n.91. [Presidential Decree No. 233 of 26 November 2007 as amended by
Presidential Decree No. 91 of 12 July 2009].
Decreto Legislativo 18 agosto 2000, n. 267 "Testo unico delle leggi
sull'ordinamento degli enti locali" (GU n. 227 del 28.09.2000 - Supplemento
Ordinario n. 162).[Legislative Decree 267/2000 on the organisation of local
authorities].
Decreto Legislativo 21 aprile 2000, n. 181 (Testo coordinato con il d. lgs. 19
dicembre 2002, n. 297). [Legislative Decree No. 181 of 21.04.2000].
Decreto Legislativo 31.03.1998, n. 112 "Conferimento di funzioni e compiti
amministrativi dello Stato alle regioni ed agli enti locali, in attuazione del capo I
della legge 15 marzo 1997, n. 59",GU n. 92 del 21.04.1998 - Supplemento
Ordinario n. 77(Rettifica G.U. n. 116 del 21.05.1997) [Legislative Decree
112/1998].
503
Decreto legislativo 6 ottobre 1998, n. 379 [Legislative Decree No. 379 of
06.10.1998].
Decreto-Legge 06.12.2011, n. 201, Disposizioni urgenti per la crescita, l'equità e
il consolidamento dei conti pubblici. (11G0247), GU n. 284 del 6-12-2011 Suppl. Ordinario n.251 [Law-Decree 201/2011].
Disegno di Legge Costituzionale “Modifiche agli articoli 55 e 57 e abrogazione
dell'articolo 58 della Costituzione in materia di composizione del Senato della
Repubblica e di elettorato attivo e passivo” [Proposal of Constitutional Act on
the modification of Articles 55 and 57, the repealing of Article 58 of the
Constitution, on the composition of the Senate and the active and passive
electorate].
Disegno di legge "Individuazione delle funzioni fondamentali di Province e
Comuni, semplificazione dell'ordinamento regionale e degli enti locali, nonché
delega al Governo in materia di trasferimento di funzioni amministrative, Carta
delle autonomie locali, razionalizzazione delle Province e degli Uffici territoriali
del Governo. Riordino di enti ed organismi decentrati" (3118) [Proposal on the
identification of the fundamental functions of the Provinces and Municipalities,
simplification of the LRAs organisation, Charter on Local Autonomy,
rationalisation of the provinces and territorial offices. Reorganisation of
decentralised entities].
L. 8 November 2000, n. 328 Legge quadro per la realizzazione del sistema
integrato di interventi e servizi sociali, Pubblicata nella Gazz. Uff. 13 November
2000, n. 265, S.O.
Law 1991/10, Article 9.
Legge 29 marzo 2001, n. 135 "Riforma della legislazione nazionale del
turismo"pubblicata nella Gazzetta Ufficiale n. 92 del 20 aprile 2001 [Tourism
Act No. 135 of 29 March 2001].
Legge 4 febbraio 2005, n. 11 "Norme generali sulla partecipazione dell’Italia al
processo normativo dell’Unione europea e sulle procedure di esecuzione degli
obblighi comunitari" GU n. 37 del 15.02.2005 [Law 11/2005 on the Italian
participation in the EU decision-making].
Legge 5 giugno 2003, n. 131 "Disposizioni per l'adeguamento dell'ordinamento
della Repubblica alla legge costituzionale 18 ottobre 2001, n. 3” pubblicata
nella Gazzetta Ufficiale n. 132 del 10 Giugno 2003 [Law 131/2003].
504
Protocollo d’intesa del 21 luglio 2009 fra il Senato della Repubblica, la Camera
dei deputati e la Conferenza dei Presidenti delle Assemblee legislative delle
Regioni e delle Province autonome.
Websites
Aosta Valley portal, Affari di Prefettura
Conference of the Regions and the Autonomous Provinces
ISTAT, Codici dei comuni, delle province, e delle regioni
Italian Chamber of Deputies, La riforma della legge 11 del 2005
Italian Chamber of Deputies, Partecipazione dell'Italia al processo normativo
dell'Unione europea - A.C. 2854 e abb.-A - Elementi per l'esame in Assemblea
Ministry
for
International
cooperation
and
integration,
Youth
Department,Competenze
Ministry of agriculture, food and forestry policies
Ministry of health.
Ministry of Interior, Conferenza Stato-città ed autonomie locali – le funzioni.
Ministry of Interior, Conferenza Stato-Regioni,
Ministry of Interior, Conferenza unificata – le funzioni
Ministry of Interior, Il prefetto
Ministry of labour and social policies
National Association of Italian Municipalities
National Union of Communes of Upland Communities
Piemont region portal
State-Cities and Local Autonomies Conference
State-Regions Conference
Turin Province, “Vecchie” e “nuove” competenze della Provincia, May 2004.
Uffici di collegamento delle Regioni italiane a Bruxelles
Union of Italian Provinces
Bilancia, P., Palermo. F., Porchia, O., ‘The European fitness of Italian
Regions’,Perspectives on Federalism, Vol. 2, issue 2, 2010, pp. 161-162.
Orlandini., M., La territorializzazione delle politiche per la famiglia- Un caso di
studio: Il ‘Trentino territorio amico della famiglia’, Working Paper 1,
Osservatorio nazionale sulla famiglia, Rome, December 2011.
505
Report on the role of regional parliaments in the process of subsidiarity analysis
within the Early Warning System of the Lisbon Treaty, Committee of the
Regions, drafted by EIPA (Vara, Arribas G. & Bourdin D.), 2010.
506
the CoR
a.Transport policy
National level
• National transport systems and infrastructures, including road, railway,
water, air transport;
• National airports and air transport systems;
• Traffic planning;
• Highways and national roads, and
• Traffic regulation.
Concurrent competences with the Regions are:
• Civil ports and airports;
• Large-scale transport and navigation networks, and
• Communications.
Regional level
•
•
•
•
•
•
•
Regional public transport;
Maritime transport;
Ports and other infrastructure for maritime transport;
Internal navigation;
Railway of regional interest;
Inter-regional roads (with the unified Conference), and
Public works of regional interests (highways, waterworks, etc.).
507
Local level
Provinces
Provincial authorities are responsible for:
• Provincial transport;
• Construction and maintenance of provincial roads;
• Provincial highways and public transport, and
• Driving schools.
Municipalities
•
•
•
•
•
•
•
Urban transport;
Municipal territorial planning;
Construction and maintenance of local roads;
Urban traffic control;
Aqueducts, and
Motorways.
Sources
Constitution, Article 117
Ordinario n. 162) [Legislative Decree 267/2000 on the organisation of local
authorities], Articles 13 and 19.
della legge 15 marzo 1997, n. 59", GU n. 92 del 21.04.1998 - Supplemento
Ordinario n. 77 (Rettifica G.U. n. 116 del 21.05.1997) [Legislative Decree
112/1998].
508
National level
• Guidelines, programmes, development, coordination and assessment of
employment policy;
• Information and institutional communication;
• Administrative supervision over care institutions, social security
institutions and social non-profit organisations;
• Management and development of the information system;
• Litigation resolution;
• Security at work;
• Employment and labour market, including ensuring match between
demand and supply and professional integration, policies aimed at
disadvantaged people, gender equality, the balance between professional
and private life, the fight against undeclared employment, fostering
territorial and professional mobility, fostering local development and
youth employment, and
• Investments in industrial, agricultural and commercial enterprises.
Regional level
• The management of the services to individuals;
• Promotion, planning, guidelines and coordination of the employment
policy;
• Regional labour centres;
• Enterprise creation policies;
• Relations between employment and education, and
• Unemployment policy.
509
Local level
Provinces
• The management of the services to individuals;
• Provincial labour centres, and
• Actions related to locally based employment.
Municipalities
• The management of services to individuals;
• Advisory and counselling services for job seekers, and
• Administrative functions relating to professional orientation.
Sources
06.10.1998].
Decreto Legislativo 21 aprile 2000, n. 181 (Testo coordinato con il d. lgs. 19
dicembre 2002, n. 297) [Legislative Decree No. 181 of 21.04.2000].
Ministry of Labour and social policies
510
c. Social policy
National level
Social assistance
•
•
•
•
•
•
•
•
•
•
•
•
•
Definition of principles and objectives;
Regulation of standards to be ensured throughout the whole territory;
Coordination;
Monitoring and assessment of social policy;
Social integration;
Technical assistance to LRAs;
Defining the criteria for the distribution of the National Fund for social
policies;
International and EU cooperation;
First aid to refugees;
Recognition of the refugee’s status;
Interventions in favour of the victims of terrorism and organised crime;
Civil disability benefits, and
Housing, including

Definition of principles and objectives;
Regulation of standards;
Public housing programmes having a national interest;
Research on living conditions, and
Facilitating access for less well-off families to the renting market.
Family policy
•
•
Framework legislation, and
Promotion.
511
Regional level
Social assistance
• Complementary social welfare;
• Social services at the regional level;
• Functions and duties relating to the promotion and coordination of the
different social services actors, in particular with regard to social
cooperation, public assistance and benefits institutions (IPAB) and
volunteering, and
• Public housing, in particular all the administrative functions which are not
reserved to the State;
Family policy
• Programmes and actions supporting the family, in particular children, the
elderly, the disabled, ex-prisoners, and other vulnerable groups;
• Monitoring over local services;
• Support to local programmes and control over their relevance and quality;
• Distribution of regional funds, and
• Inter-regional coordination.
Local level
Provinces
Social assistance
• Social services at the provincial level;
• Sanitation and hygiene services;
• Public housing, in particular all the administrative functions which are not
reserved to the State, and
• Promotion and coordination activities of provincial interest.
512
Family policy
•
•
•
•
•
•
Social care for children;
Family benefits;
Programmes and plans;
Awareness actions;
Formation and information, and
Reconciliation of work and family life.
Municipalities
Social assistance
• Social services at the municipal level, and
• Public communal housing, in particular all the administrative functions
which are not reserved to the State.
Family policy
Administrative functions and duties in the field of:
•
•
•
•
•
•
•
Child care;
Youth;
Elderly care;
Family policy;
Disabled care;
Drug addicts and alcoholics care, and
Civil disabled care, except matters reserved for the State.
513
Sources
112/1998], Articles 59 to 64
Ministry of Labour and social policies
Orlandini, M., La territorializzazione delle politiche per la famiglia- Un caso di
studio: Il ‘Trentino territorio amico della famiglia’, Working Paper 1,
Osservatorio nazionale sulla famiglia, Rome, December 2011.
514
d. Education policy
National level
•
•
•
•
Setting general education standards;
The assessment of the education system;
The definition and distribution of funds, and
Administrative functions and duties regarding military schools and
courses relating to defence and public security.
Regional level
• Education;
• Planning at the regional level, on the basis of provincial plans, of the
scholastic network;
• The implementation and enforcement of centrally defined political and
administrative guidelines;
• Contributions to non-State schools;
• Initiatives and promotion activities;
• Integrated training between education and vocational training;
• The coordination of integrated training plans at regional level, and
• Subdivision of the regional territory for the improvement of the training
offer on the basis of the relevant proposals from local authorities.
Local level
Provinces
• Secondary education, including:

The creation, mergers and closures of schools;
The definition of organisation plans;
Support to the disabled;
Facilities;
The suspension of classes in case of emergency;
Initiatives and promotion activities, and
515
Creation and control.
• Artistic education, and
• Administrative and management support to scholastic autonomy.
Municipalities
• Primary school, including:

The creation, mergers and closures of schools;
The definition of organisation plans;
Facilities;
The suspension of classes in case of emergency;
Initiatives and promotion activities, and
Creation and control.
• School-related services, including canteens, school transportation,
assistance to the disabled;
• Pre-school childcare;
• Adult training;
• Integrated training;
• Actions aiming at education equal opportunities, and
• Supporting actions aiming at the consistency and continuity between the
different schools levels.
Sources
112/1998]
516
National level
•
•
•
•
•
•
•
The provision of legal and policy framework for general training;
Administration and guidelines in the field of vocational training;
International and EU cooperation;
Guidelines and coordination of the different data tools;
The regulation of standards;
Lifelong learning;
The creation and funding of vocational training initiatives for Italian
workers abroad;
• Vocational training of the military and State administration;
• Matters discussed with the State-Region Conference, including

The definition of the objectives of the vocational training policy, in
accordance with EU law, and
The definition of criteria for assessing the quality and consistency of
the system.
• The definition of multi-regional vocational training programmes of
strategic relevance for the country’s development, in cooperation with the
Unified Conference.
Regional level
• The planning process in vocational training;
• All administrative functions and duties except those which are reserved
for the State;
• The harmonisation between the national and regional objectives (StateRegion Conference);
• Trainers training;
• The creation, control, guidelines and funding of vocational training
institutions, and
• Co-funding with the Provinces and the ESF of training courses organised
by the public vocational training centres, the authorised private
organisation and companies.
517
Local level
Provinces
• Co-funding with the Regions and the ESF of training courses organised
by the public vocational training centres, the authorised private
organisation and companies;
• Planning of vocational training;
• Professional orientation, adult training, and scholastic integration of
foreigners;
• Award of certifications;
• Information;
• Apprenticeship;
• Vocational training for unemployed, and
• Lifelong learning.
Municipalities
Municipal authorities are responsible for the administrative functions relating to
professional orientation.
Sources
112/1998]
06.10.1998]
Turin Province, “Vecchie” e “nuove” competenze della Provincia, May 2004
518
National level
Youth Policy
The Youth Department of the Ministry for International cooperation and
integration is in charge of:
• The promotion and guarantee of youth rights;
• The promotion and support of creation, cultural and artistic initiatives,
cultural trips and studies;
• The promotion and support to access international and European projects,
programmes and funding;
• The management of the Fund for youth policy;
• The management of the National Fund for young communities, and
• The representation of the country in European and international
organisations youth-related.
Sport policy
•
•
•
•
•
General policy;
The distribution of funds;
Controlling the National Olympic Committee (CONI);
The recognition of foreign titles, and
International cooperation.
Regional level
Regional authorities are responsible for the development and implementation of
youth policy programmes.
519
Local level
Provinces
Youth Policy
• The development and implementation of youth policy programmes.
Sport policy
•
•
•
•
Sport development at the provincial level;
Technical and administrative assistance to stakeholders;
Initiatives fostering sport practice, and
The promotion and coordination activities of provincial interest.
Municipalities
Municipal authorities are responsible for the development and implementation
of youth policy programmes.
Sources
112/1998]
Decreto del 31 dicembre 2009 sull’organizzazione dell’Ufficio per lo Sport
[Decree of 31.12.2009 on the organisation of the Sport Office]
Ministry for International cooperation and integration, Youth Department,
Competenze
520
g. Culture policy
National level
•
•
•
•
•
•
•
•
•
•
Overall legal framework;
The definition of and control over appellations;
The conservation, integrity and security of historic and artistic goods;
Controlling the circulation and export of historic and artistic goods;
Archaeological research;
The expropriation of historic and artistic goods;
State archives;
The prevention and repression of damages to cultural heritage;
Cultural goods, and
Performing arts, including
Defining guidelines;
Promoting national production;
Defining training requirements;
Guaranteeing art companies;
Defining and supporting national theatre institutions;
Subsidies;
Cinema;
Supporting performing arts, and
Promoting performing arts research.
Regional level
• Organising regional activities in the field of culture;
• Setting up cultural centres;
• The definition of pluri-annual and annual plans on cultural goods and
their promotion (Regional commissions for cultural goods and activities);
• The promotion and development of cultural goods;
• The protection and promotion of the historic and artistic heritage,
economic and financial management (Regional Directions for cultural
goods) (part of the Ministry), and
• Regional archives.
521
Local level
Provinces
• Cultural development planning;
• Setting up and running cultural institutions, including museums, galleries,
orchestras, and information centre;
• The coordination of provincial networks of cultural services;
• The promotion and development of cultural goods;
• Actions aiming at the promotion of the cultural heritage, and
• The management of provincial libraries.
Municipalities
• The promotion and development of cultural goods, and
• Running libraries, museums, galleries, cultural activities and theatres.
Sources
112/1998].
Decreto del Presidente della Repubblica 26 novembre 2007, n. 233, as amended
by Decreto del Presidente della Repubblica del 12 luglio 2009, n.91.
[Presidential Decree No. 233 of 26 November 2007 as amended by Presidential
Decree No. 91 of 12 July 2009]
522
National level
•
•
•
•
•
•
•
•
•
•
•
The adoption of national sanitation plan with the Unified Conference;
The adoption of sectoral plans of national relevance;
The definition of main policy objectives and guidelines for public health;
The provision of legal framework for general principles for public health;
Sanitation and medical care for the army, the police, firemen, and railway
personnel;
Information and statistics activities;
Grant permits regarding commercial production, import, introduction of
medical and sanitation products;
Supplies and tariffs;
Controlling public and private authorities operating at the national or
supra-regional levels;
Controlling sanitation funds, and
Scientific research, including international cooperation.
Regional level
Regional authorities, within the limits of the general principles laid down by the
central Government, which is the guarantor of equity, are responsible for:
• All the administrative functions and duties which are not expressly
conferred to the State;
• The planning, organisation and management of sanitation services;
• Regional sanitation plans, and
• The coordination of local health services and hospitals.
Local level
Provinces
• Social care for people with disabilities;
• Sanitation protection, and
• Running public health services;
523
Municipalities
• Participating in the administration of public health in the context of the
constitutional principle of local self-administration;
• Running public health services;
• Overlapping responsibilities between provinces and municipalities, and
• Hygiene and public health.
Expenditure for public health covers about 30% of total municipal expenditure.
Sources
L. 8 November 2000, n. 328 Legge quadro per la realizzazione del sistema
integrato di interventi e servizi sociali, Pubblicata nella Gazz. Uff. 13 November
2000, n. 265, S.O
Ministry of health
524
National level
•
•
•
•
•
•
Major national networks;
Highways and national roads;
The coordination of infrastructure networks and State works;
Multi-regional programmes of public works co-funded by the EU;
Civil ports and airports, and
Communications.
Regional level
•
•
•
•
•
Public works of regional interests (highways, waterworks, etc.);
Ports and other infrastructure for maritime transports;
Internal navigation;
Road planning and coordination, and
Inter-regional roads (with the Unified Conference).
Local level
Provinces
•
•
•
•
Participation in the implementation of transport infrastructure projects;
Construction and maintenance of provincial roads;
Provincial highways, and
Overlapping responsibilities between provinces and municipalities.
Municipalities
• Participation in the implementation of transport infrastructure projects;
• Responsibility for spatial planning and development;
• Construction and maintenance of local roads, and
• Overlapping responsibilities between provinces and municipalities.
525
Sources
112/1998]
526
National level
• The organisation and implementation
programmes, in certain, limited cases.
of
regional
development
Spatial planning
• Developing spatial planning concepts;
• The definition of general, legal planning framework;
• Setting guidelines for spatial planning, taking into account economic
planning;
• Activities relating to the development of the Mezzogiorno and other areas;
• Multi-regional programmes of public works co-funded by the EU, and
• The regulation of land-use guidelines.
The State competences exercised in coordination with the Unified Conference
are:
• The monitoring of territorial transformations;
• The safeguard of Venice, and
• The promotion of innovative programmes entailing the intervention of the
State as a coordinating body.
• The National Framework Programme, in coordination with the LRAs, and
• Supervising two out of the three national operational programmes
The Ministry of Labour and Social Policies is the leading authority of the ESF.
Moreover, the Ministry of Education, University and Research is in charge of
the NOP Competences for Development ", objective 1 – Convergence.
527
Regional level
• The formulation and implementation of Regional and Structural Policy,
and
• Programming and planning on the regional level.
Spatial planning
• All the administrative functions not expressly conferred to the State
(shared with the Provinces and Municipalities);
• Spatial planning for the respective region on the basis of the national
guidelines;
• The formulation and implementation of regional plans and guideline for
local activities in spatial planning, and
• Industrial and ecological zoning.
• Co-funding with the Provinces training courses organised by the public
vocational training centres, the authorised private organisation and
companies;
• Five operational programmes for the Regions included in the
Convergence Objective, and
• Sixteen Operational Programmes for the Regions and Autonomous
Provinces included in the Regional Competitiveness and Employment
Objective.
Local level
Provinces
• Supporting local economic development.
528
Spatial planning
(shared with the Regions and Municipalities);
• Spatial planning for their territory in accordance with national guidelines
and regional laws, programmes and plans, and
• Local land use plans and infrastructure planning.
• Co-funding with the Regions training courses organised by the public
vocational training centres, the authorised private organisation and
companies.
Municipalities
• Urban planning and urban development;
• Business start up programmes, and
• Local economic support programmes.
Spatial planning
(shared with the Regions and Provinces);
• Preparing master planning for their territory;
• The division of territory into different land-use zones, and
• The implementation of urban planning, detailed planning in accordance
with rules set by higher levels of government.
•
Participating in local actions to support employment.
529
Sources
112/1998], Article 26.
530
National level
The central government is in charge of:
• Most environmental responsibilities, concerning the areas of air, water,
waste, and soil (Ministry of Environment);
• The implementation of international conventions and EU law and
definition of objectives in accordance with them;
• The conservation and promotion of natural areas recognised as being of
international or national interest;
• The protection, security and observation of the maritime quality;
• The regulation of standards;
• Technical support:
• The purchase, rental and use of ships and aircrafts for special environment
operations of national importance;
• The listing of huntable species;
• The listing of endangered fauna and flora;
• Grant permits relating to fauna import/export;
• The listing of dangerous animals;
• Adopting a charter on nature;
• Regional planning regarding water resources;
• Natural parks and national reserves;
• Water pollution, including the definition of the national plan of sea
protection and pollution of marine coasts, as well as the definition of
standards;
• Noise and air pollution, including the monitoring of air quality and
regulation of standards, and
• Soil protection.
Shared competences with the Regions are:
•
•
•
•
•
•
Information and education;
The promotion of clean energy and sustainable development policies;
Emergency decisions aiming at preventing environmental harm;
Coastal environment protection, and
Environmental impact assessments.
Monitoring and control over the National Environmental Protection
Agency (ANPA) and the Central Institute for maritime scientific and
technologic research (ICRAM).
531
Regional level
Regional authorities are responsible for all the administrative functions not
expressly conferred to the State, in particular:
•
•
•
•
•
•
The definition of environmental action priorities;
Coordination;
The distribution of funds;
Zonings of high risk of environmental crisis areas;
Regional parks;
Water pollution (all the administrative functions not expressly conferred
to the State);
• Noise and air pollution (all the administrative functions not expressly
conferred to the State);
• Soil protection (with the State), and
• The supply of electricity.
Competences shared with local authorities are:
•
•
•
•
The protection and observation of coastal areas;
The control over wild fauna commerce and detention;
Forestry, and
Water management.
Local level
Provinces
• The licensing, monitoring and provision of services in environment, and
• Natural parks.
532
Competences shared with the central government and regional authorities are:
•
•
•
•
Noise and air pollution;
Soil protection;
Water pollution, and
Water management.
Municipalities
•
•
•
•
•
•
Environmental controls;
Sewerage;
Refusing collection and disposal;
Participating in the zoning of high risk of environmental crisis areas;
Local parks and gardens, and
The supply of water and gas.
Competences shared with the central government, and regional and provincial
authorities are:
•
•
•
•
Noise and air pollution;
Soil protection;
Water pollution, and
Water management.
Sources
112/1998].
533
l. Energy policy
National level
• Defining fundamental principles;
• Administrative functions relating to:

Scientific research;
Import, export and storage;
Control over the national agency on new technologies, energy and
environment (ENEA);
The use of radioactive material and x-ray machines;
Electric energy production;
The setting up of targets and national programmes on renewable
sources and energy conservation;
Nuclear facilities;
Inspection, research and storage of hydrocarbon;
Taxation of oil stocks;
Tariffs;
Statistics;
Regional planning regarding water resources, and
The coordination of research programmes.
Regional level
• Administrative functions relating to energy, including renewable
resources, electricity, solar energy, oil and gas, which are neither reserved
for the State nor the local authorities;
• Grants to support the use of renewable energies;
• Contributions for the reduction of energy consumption;
• Incentives for the use of renewable energy in agriculture;
• Coordinating functions with local authorities, and
• Assisting local authorities in awareness and training.
534
Local level
Provinces
• Administrative functions relating to energy saving and to the rational use
of energy, including:
Programmes promoting renewable resources and energy saving;
Grant permits for the construction of energy production facilities, and
Control over the facilities’ efficiency.
Municipalities
Municipal authorities are responsible for administrative functions relating to
energy saving and to the rational use of energy.
Sources
Law 1991/10, Article 9
112/1998]
authorities], Art. 19.
535
LRAs
National level
• Setting guidelines, and
• Coordinating the national policy with European and international
standards at the national level (Ministry of Agriculture, Food and
Forestry).
Regional level
Regional authorities are responsible for all the matters which are not reserved
for the State in the field of agriculture, including:
•
•
•
•
•
Relationships with the Regions, the State and the European Union;
Regional plan for agriculture;
The control over the quality of the agricultural products;
Agro-industrial development;
The protection and promotion of the rural territory, irrigation and rural
facilities;
• Sustainable agriculture;
• The protection of fauna and flora, and
• Controls of compliance with standards.
Local level
Provinces
• Competences conferred by the Regions, and
• Providing incentives for sustainable agriculture.
Municipalities
--536
Sources
authorities], Article 19.
Ministry of agriculture, food and forestry policies portal
537
b. Fisheries policy
National level
• Setting guidelines, and
• Coordinating the national policy with European and international
standards at the national level (Ministry of Agriculture, Food and
Forestry).
Regional level
• Relationships with the Regions, the State and the European Union, and
• Regional plan for fisheries.
Local level
Provinces
Provincial authorities are responsible for inland-water and fresh-water hunting
and fishing.
Municipalities
--Sources
authorities], Art. 19.
538
National level
• The State foreign policy, including the right of asylum and the legal status
of non-EU citizens;
• International relations, including the State relations with the European
Union
• First aid to refugees;
• Recognition of the refugee’s status;
• Immigration, and
• Customs, protection of national borders and international prophylaxis.
Regional level
Regional authorities are responsible for international and EU relations of the
Regions within the framework of the national guidelines.
Local level
Provinces
--Municipalities
--Sources
539
d. Tourism policy
National level
• Setting the principles and objectives for the promotion and development
of the tourism policy, together with the Regions;
• The promotion of Italian tourism abroad;
• Monitoring;
• Inter-sectoral coordination of the State competences relating to the
promotion and development of the national tourism system;
• Co-funding of regional and inter-regional programmes of national
interest, and
• Bringing together the associations of LRAs and establishing guidelines in
the framework of the National Tourism Conference.
Regional level
• Setting the principles and objectives for the promotion and development
of the tourism policy, together with the State;
• Administrative functions relating to any public or private activity relating
to tourism, which is not reserved to the State, including benefits,
subsidies, contributions and incentives in favour of tourism companies,
and
• The regulation of standards.
Local level
Provinces
• Competences conferred by the Regions, including:
The listing of tourism structures, activities and services;
Technical assistance to stakeholders;
Initiatives fostering tourism, and
The promotion and coordination activities of provincial interest.
540
Municipalities
Municipal authorities are responsible for local tourism.
Sources
112/1998], chapter IX.
Legge 29 marzo 2001, n. 135 "Riforma della legislazione nazionale del turismo"
pubblicata nella Gazzetta Ufficiale n. 92 del 20 aprile 2001 [Tourism Act No.
135 of 29 March 2001]
Decreto del Presidente del Consiglio dei Ministri 13 Settembre 2002
Recepimento dell'accordo fra lo Stato, le regioni e le province autonome sui
principi per l'armonizzazione, la valorizzazione e lo sviluppo del sistema
turistico (Pubblicata nella Gazzetta Ufficiale n. 92 del 20 aprile 2001)
[Presidential decree of 13.09.2001 on the harmonisation, promotion and
development of the tourism system]
541
National level
• The promotion and coordination of the different administrations’ (central,
regional, provincial and municipal) activities;
• The declaration and revocation of the state of emergency (with the
Regions);
• The adoption of ordinances for emergency interventions (together with
the relevant Regions);
• The regulation of standards, and
• Operative functions.
Regional level
(shared), in particular:
Prevention and pre-emption programmes, on the basis of national
guidelines;
Emergency interventions;
Various operative functions, and
The organisation of volunteers.
Local level
Provinces
Provincial plans of emergency, on the basis of regional guidelines;
The prevision and prevention of risks at the provincial level, and
Control over the provincial civil protection structures.
542
Municipalities
The forecast and prevention of risks at the local level, in accordance
with the regional programmes and plans;
Rescue services;
Local and inter-municipal emergency plans, on the basis of regional
guidelines;
Control over the local civil protection structures, and
The organisation of volunteers at the local and inter-municipal levels,
on the basis of national and regional guidelines.
Sources
112/1998]
authorities]
543
15. Latvia
Latvia is a parliamentary democracy and a unitary state. The Constitution of
1922 was reinstated on 21 August 1991, with the USSR recognising Latvia's
independence shortly afterwards. Since the Administrative territorial reform of
Latvia in 2009, the country has been organised into 110 municipalities and 9
cities. All 119 local governments have the same competences. The difference is
that cities do not have rural territories. Regional governments – planning regions
– are voluntarily organised by local government cooperation bodies, which are
recognised by primary legislation.
In Latvia, local government is tasked with voluntary and compulsory
competences. Voluntary competences are different and depend on local council
decisions based on local policy. Compulsory competences are as follows: the
management of public services based on local policy and the administration of
national policies within their local jurisdictions. The highest law on local
governance is the European Charter of Local Self-Government. Its direct
applicability is recognised by the Constitutional Court. According to this
interpretation, 29 paragraphs of the charter, which are ratified by parliament,
have the same force as the principle of democratic state in Article 1 of the
Constitution. The Latvian parliament adopted the Law on Self-Government
(LOSG), last amended 16 June 2009, which came into effect on 1 July of the
same year.
The Latvian parliament, the Saeima, is a unicameral house of 100
representatives elected by direct popular vote. The seats are allocated
proportionally among parties who gain more than 5% of the vote for a four-year
term.
The intermediate regional level had been abolished by 1 July 2009, following
the completion of the first stage of administrative reform. During the last year of
local reform, the amalgamation and re-organisation of the local administrative
system was completed when the Administrative-Territorial Reform Law (ATRL)
was abolished, and the Law on Administrative Territories and Inhabited
Localities was introduced instead. This law delegates to the Cabinet of Ministers
the authority to prepare draft laws on creating directly elected regional
governments. The current central government is not ready to implement this
delegation; the establishment of regional self-governments or de-concentrated
State institutions in the regions is a subject of political debate. Presently the
intermediate level of government in Latvia consists of five planning regions
(indirectly elected regional governments).
545
These regional governments play an important role in development and spatial
planning, organisation of public transport and management of investment
programmes, including the European Union funds.
Latvian municipalities rely mostly on tax revenues, grants from the central
government and fines they are empowered to impose for their revenues.248 The
most important shared taxes are individual income tax (in 2012 the share of
local governments is 80%) and real estate tax (the local government's share is
100%). The share for real estate tax is permanently set by law, whereas the share
for individual income is the result of annual negotiations between the Latvian
Association of Local and Regional Governments (LALRG) and the Cabinet of
Ministers, determined by the annual Law on the State Budget. In 2011, the
revenues from shared taxation were 54.6%; the national level earmarks granted
directly for use by the local governments accounted for 25.7% of local
government budgets. The last 20.3% of total local government budgets came
from fees from public services and other sources.
National level
The State has full legislative powers. Its responsibilities include:
•
•
•
•
•
•
•
•
•
•
Energy;
Telecommunications;
Housing;
Higher education and science;
Health;
Legislation, state administration;
Income tax;
Foreign policy; and
Defence.
The State has shared legislative power with planning regions in the field of:
•
•
Spatial planning; and
Public transport.
The State has shared legislative power with local governments in the field of:
•
•
Spatial planning;
Infrastructure management;
248
546
•
•
•
Economic policy and development;
Welfare; and
Culture.
Regional level
The Districts (rajons) were abolished following the 2009 administrative
territorial reform and the amalgamation of municipalities.
Planning Regions (including administrative and legislative power) have shared
competence with State and local governments:
•
•
Spatial planning; and
Public transport.
Local level: Local authorities
Competences of the 110 municipalities and 9 cities:
•
•
•
•
•
•
•
•
•
Registration services (including legislative and administrative power):
¾ Birth, marriage, death, issuing of administrative documents;
¾ Adoption matters and trusteeship; and
¾ Cadastral register.
Local planning;
Maintenance of municipal police services:
¾ Public order and civil defence/protection.
Environment:
¾ Water; and
¾ Waste management.
Utilities:
¾ Water;
¾ Heating supply and treatment; and
¾ Waste management / household waste.
Upkeep of public areas;
Education:
¾ Pre-school;
¾ Primary education;
¾ Secondary education; and
¾ Organisation of continuing education for teaching staff.
Culture;
Health:
¾ Hospital maintenance; and
¾ Health care (including availability of health care).
547
•
•
•
•
Social welfare:
¾ Personal social services; and
¾ Child protection.
Housing;
Economic development (facilitation of economic activity);
Transport:
¾ Public transport; and
¾ Local roads.
Additional obligations for the capital city Riga per Section 17 LOSG:
•
•
Support for central government functions:
¾ National government institutions;
¾ Reception of Foreign Dignitaries;
¾ Foreign Diplomatic Missions; and
¾ Assistance for International Organisations
Maintenance and development of infrastructure of "State importance";
systems for financing local government have also been introduced.
Representation: The Latvian Association of Local and Regional Governments
(LALRG) represents municipalities vis-à-vis the central government; the Law
on Self-Government (LOSG) requires that either the LALRG or the chairperson
of a local council be present, depending on the scope of government action.
Information: The Saeima (parliament), in its Rules of Procedure, Sections 172
& 173(1), has established the right of its committees to summon officials from
local governments without "mediation" by the Saeima’s Presidium.
Consultation: Sections 86 & 87 LOSG specify that either the LALRG (Sec. 86)
or a representative of a municipality council (Sec. 87) need to be consulted when
the central government is preparing measures that have an impact on the
interests of all municipal governments or on specific local governments. Outside
the legislative setting, the LALRG council often hosts – and is attended by –
government ministers who plan measures within their portfolio that will affect
local government interests.
With regard to regional policy, the government is obliged to consult local and
regional authorities before adopting any decisions which affect them.249
249
Council of European Municipalities and Regions, Consultation procedures within European States, 2007
548
Coordination: Although there is no tradition of local government participating
in European Affairs, the LALRG tries to get involved at all levels. One such
example is the association's partner status in the preparation of national
positions. Its representatives participate in meetings on EU issues held between
senior government officials. At the EU level, the LALRG coordinates positions
among the members of the Committee of the Regions with the national
positions.
The Latvian Ministry of Foreign Affairs (MFA) is primarily responsible for
representing Latvia's interests at the EU level.
The work is managed by the ministry’s European Union Directorate.
15.2 Relations with the EU/Representation at the EU level
The LALRG Council approved the procedure to appoint the Committee of the
Regions' (CoR) members in September 2009. This procedure takes into account
the different types of self-government represented, notably with regard to
territorial, gender and geographical representation.
Additionally, the LALRG Office in Brussels serves as the Bureau for the CoR
delegation. Representatives of the LALRG participate in the weekly meetings on
EU issues held between Senior Government Officials.
LALRG is a member of the Council of European Municipalities and Regions
(CEMR). In addition, the Latvian Municipalities and LALRG are members of
the Congress of Local and Regional Authorities of Europe (CLRAE).
The Saeima has set up a European Affairs Committee (EAC) as one of its
standing committees to actively participate in Latvian EU affairs. The EAC is
empowered to examine any position the national government prepares before
they are transmitted to the EU. Inversely, the EAC is charged with examining
legislative proposals by EU institutions and – where necessary – forwarding
them to other committees for their consideration.
There is no subsidiarity mechanism at the local or regional level.
250
Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’, 2011, Committee of the Regions,
drafted by EIPA. Not yet published.
549
15.4 Bibliography
Constitution
Constitution of Latvia
Legislation
Administrative territorial reform of Latvia
Asylum Law
Cab. Reg. No. 1036 - Financing of Health Care
Cab. Reg. No. 419 - Management of European Union Structural Funds
Cab. Reg. No. 562 - State Family Benefit
Cab. Reg. No. 727 - EU Struct. Funds
Education Law
Energy Law
Environmental Protection Law
Fire Safety and Fire-fighting Law
Fishery Law
General Education Law,
Immigration Law
Labour Dispute Law
Labour Law
Law on Agriculture and Rural Development
Law on Management of European Union Structural Funds
Law on Police
Law on Pollution
Law on Public Transport Services
Law on Self Governments
Law on Social Security
Law on Specially Protected Nature Territories
Law on the National Library of Latvia
Law on Trade Unions
Management of Trans-European Network Projects Law
Maritime Administration and Marine Safety Law
Military Police
Museums Law
Railway Law
Road Traffic Law
Social Services and Social Assistance Law
Spatial Planning Law
Sports Law
The Saeima Rules of Procedure
550
Tourism Law,
Vocational Education Law
Waste Management Law
Youth Law
Websites
European Industrial Relations Observatory On-line: Latvia - Industrial Relations
Profile
European Regional Development Fund
International Labour Organisation: Latvia – National Labour Law Profile
Latvian Association of Local and Regional Governments
Latvian delegation web presence on Committee of the Regions website
Latvian Tourism Development Agency
Marine and Inland Waters Administration
Ministry of Culture
Ministry of Economics
Ministry of Environmental Protection and Regional Development
Ministry of Foreign Affairs
Ministry of Foreign Affairs, organisational chart
Ministry of Welfare
Office of Citizenship and Migration Affairs
Riga International Airport
State Employment Agency
Publications
Šitcs, M., Giest, S., Dumortier, J. and Artmann, J. eHeath Strategies Country
Brief: Latvia, European Commission DG Information, Society and Media, 2010.
551
552
the CoR
a. Transport
National Government
•
•
•
•
•
•
•
•
Overall responsibility for policy-making in the field of transport;
Traffic and road transport;
Management, financial framework and organisation of public
transportation regarding regional routes of inter-urban significance of a
route network;
Single system of public transport tickets;
State Public-use Railway infrastructure;
Maritime transport and infrastructure;
Inland water transport and infrastructure; and
Air transportation.
Regional level
•
Public transportation:
¾
¾
¾
¾
¾
Route network management of regional routes of local significance in
the interests of local governments;
Submission of a draft decision regarding the establishment or
amending of a regional route (route network) of local significance;
Route network organisation of public transport services in regional
routes of local significance in the interests of local governments;
The supervision of the financial resources allocated to the public
transport from the State budget and local government budget; and
Strong coordination with local and national administrations.
553
Local level
•
•
•
•
•
The construction of public transport stops and the maintenance of
infrastructure;
Managing finances and organising public transportation of the routes in
cities;
Coordinating with regional and national level public transport;
Building, reconstruction and maintenance of local streets, roads and
public squares; and
Lighting of local streets, public squares and other areas designated for
public use.
Sources
Law on Public Transport Services
Maritime Administration and Marine Safety Law
Railway Law
Riga International Airport
Road Traffic Law
554
b. Employment
National Government
•
•
General responsibility for policy and decision-making with the Ministry
of Welfare;
The State Employment Agency is the Latvian administration institution
that implements State policy to decrease unemployment and number of
unemployed, support programme for job-seekers and persons at risk of
unemployment:
¾
¾
¾
¾
¾
•
•
•
Register and record unemployed and job-seekers;
Perform short-term forecasts of the labour market;
Assist unemployed and job-seekers as well as economically inactive
inhabitants to become involved in the labour market;
Organise cooperation and mutual information exchange between the
State Employment Agency and employers as well as list vacant
workplaces submitted by employers; and
Collaborate with the State and local government institutions, nongovernmental organisations, as well as with physical and legal persons.
Labour law;
Law on Trade Unions; and
Labour inspection.
Regional level
--Local level
•
•
Establishing “general agreements” after sector level bargaining on issues
such as pay and working time; and.
Facilitating economic activity within the relevant administrative territory,
and to be concerned about reducing unemployment.
555
Sources
European Industrial Relations Observatory On-line: Latvia - Industrial Relations
Profile
International Labour Organisation: Latvia – National Labour Law Profile
Labour Dispute Law
Labour Law
Law on Trade Unions
Ministry of Welfare
State Employment Agency
556
c. Social policy
National Government
Social assistance:
•
•
•
•
•
The Ministry of Welfare is in charge;
Ensures funding for social assistance and welfare in the state budget;
Creates social care and social rehabilitation institutions;
Develop a State policy in the field of social services and social assistance;
and
Integration through vocational training through the Social Integration
State Agency.
Family policy:
•
State family benefits.
Social security:
•
Legislation.
Regional level
--Local level
Social assistance:
•
•
•
•
Social assistance for poor families and socially vulnerable persons;
Ensures places for orphans and children without parental care in training
and educational institutions; and
Provides of overnight shelters for the homeless;
Local Government Social Service Office provides social assistance.
557
Family policy:
•
•
•
Ensures places for elderly in old-age homes;
Family support and crisis centres for children, parents, pregnant women
and young mothers in need of specialised help; and
Registration marriage, partnership or birth.
Sources
Cab. Reg. No. 562 - State Family Benefit
Law on Social Security
558
d. Education
National Government
•
•
•
Establishing the overall legislation, financial and procedural framework;
Sets the educational standards; and
Coordinates with the municipalities, the establishment of educational
institutions.
Regional level
--Local level
•
•
•
•
•
•
•
Providing education for residents;:
¾ Primary and general secondary education; and
¾ Pre-school.
Organisational and financial assistance to extracurricular training and
education;
Coordinates with the Ministry of Education and Science, the
establishment of educational institutions;
Provides for a budgetary resources;
Ensures for transportation to the educational institution;
Registration of children taking part in the education system; and
Facilitates educational group with special needs.
Sources
Education Law
General Education Law
559
National Government
•
•
•
•
•
•
Ministry of Education and Science establishes the legislative framework;
Puts in place register of profession standards;
Funding from the State Budget;
Establishes vocational training institutions;
Organises vocational orientation and research of the labour market and
labour demand; and
Provides for accreditation of examination centres.
Regional level
--Local level
•
•
•
Implementation of vocational education;
Promotes the development of entrepreneurial activities; and
Establishes, in coordination with the government, vocational education
institutions.
Sources
Education Law
Vocational Education Law
560
f.
Youth and sport
National Government
Youth Policy
•
•
•
Ministry of Education and Science ensures the development and the
coordinated implementation of the single State policy in the field of
youth;
Legal framework provided at national level; and
Youth Advisory Council provides for advice on the development and
implementation of the co-ordinated youth policy.
Sport Policy
•
•
•
•
•
•
•
Ministry of Education and Science is the main ministry responsible;
Implements a unified State policy;
Develops draft regulatory enactments;
Implements purposeful international cooperation and ensure Latvian
representation in international sports organisations;
Develops and maintains sport facilities;
Organises sport competitions; and
Provides for financial resources.
Regional level
Youth Policy
--Sport Policy
--Local level
Youth Policy
•
•
•
Implements the State policy;
May establish an institutional system in order to ensure youth work; and;
Promotes a healthy lifestyle of residents and sport.
561
Sport Policy
•
•
•
Develops and maintains sport facilities;
Organises sport competitions; and
Provides for financial resources.
Sources
Sports Law
Youth Law
562
g. Culture
National Government
•
•
•
•
Setting of general policy directions in the field of culture;
Main ministry responsible is the Ministry of Culture;
The National Library of Latvia; and
State museums.
Regional level
--Local level
•
•
•
•
Maintain culture and facilitate the preservation of traditional cultural
values and the development of creative folk activity;
Provides for organisational and financial assistance to cultural institutions
and events;
Preserves cultural monuments; and
Local government museums.
Sources
Law on the National Library of Latvia
Ministry of Culture
Museums Law
563
h. Public health
National Government
•
•
•
•
•
Policy framework, legislation and regulations on specific aspects of Public
Health provided by the national level;
High-quality healthcare services (primary, secondary and tertiary health
care);
Payment of the health care services;
Health inspection; and
Pharmacy.
Regional level
--Local level
•
•
•
•
Ensures access to health care;
Hospital maintenance;
Promoting healthy lifestyles; and
Restricting alcoholism and profligacy.
Sources
Cab. Reg. No. 1036 - Financing of Health Care
Šitcs, M., Giest, S., Dumortier, J. and Artmann, J. eHeath Strategies Country
Brief: Latvia, European Commission DG Information, Society and Media, 2010.
564
i.
Trans-European networks
National Government
•
•
Management and control of the implementation of major Trans-European
Network infrastructure projects; and
The Ministry of Transport is responsible for transportation projects and
the Ministry of Economics is responsible for Energy projects.
Regional level
--Local level
--Source
Management of Trans-European Network Projects Law
565
j.
Economic, social and territorial cohesion
National Government
•
•
Overall management and implementation carried out by the national
government.
Responsible institutions: The Ministry of Economics, the Ministry of
Education and Science, the Ministry of Finance, the Ministry of Culture,
the Ministry of Welfare, the Ministry of Transport, the Ministry of Health,
the Ministry of the Environmental Protection and Regional Developments.
Spatial planning
•
•
•
•
Regulation of legal framework for spatial planning;.
Sets up a National Spatial Plan;.
Manages, supervises and coordinates the development of spatial plans;
and.
Develops the National Spatial Plan in cooperation with State
administrative institutions, local governments and public organisations.
•
•
•
•
•
•
Overall management and implementation carried out by the national
government.
The Ministry of Welfare is responsible for the coordination of the
horizontal policy of equal opportunities in issues related to gender
equality, disability and ageing.
The Secretariat of Special Assignments Minister for Electronic
Government Affairs is responsible for the coordination of the horizontal
policy of information society.
The Ministry of Regional Development and Local Government is
responsible for the coordination of the horizontal policy of balanced
territorial development and the horizontal policy of international
competitiveness of Riga.
The Ministry of Environment is responsible for the coordination of the
sustainable development horizontal policy in issues related to
environmental protection.
The Ministry of Finance is responsible for the coordination of the
horizontal policy of macro-economic stability.
566
Regional level – provinces
--Spatial planning
•
•
Evaluate the National Spatial Plan.
Evaluate the spatial plans of planning regions.
--Local Level – Municipalities
•
Implementation of the national policy programmes.
Spatial planning
•
•
•
Manages, supervises and ensures the development and implementation of
the spatial plan;
Approve the local spatial plan; and.
Evaluate those parts of the National Spatial Plan, National Development
Plan, sectoral development programme, development programme and
spatial plan of the planning region.
•
May implement ESF projects.
Sources
Cab. Reg. No. 727 - EU Struct. Funds
Cab. Reg. No. 419 - Management of European Union Structural Funds
European Regional Development Fund
Law on Management of European Union Structural Funds
Spatial Planning Law
567
National Government
•
Overall responsibility with the Ministry of Environmental Protection and
Regional Development;
•
Fields of activities:
¾
¾
¾
¾
¾
¾
¾
¾
•
Construction Control of chemical substances;
Climate change;
Industrial pollution;
Protection of species and habitats;
Soil quality;
Specially protected nature territories;
Waste management; and
Water protection.
State Environment Service inspectors.
Regional level
--Local level
•
•
Environmental policy implementation; .
Fields of activities:
¾ Waste management; and
¾ Water protection.
Sources
Environmental Protection Law
Law on Pollution
Law on Specially Protected Nature Territories
Ministry of Environmental Protection and Regional Development
Waste Management Law
568
l.
Energy
National Government
•
•
•
•
•
•
Energy policy is part of the national economy policy;
Ensures efficient, safe and qualitative energy supply;
Promotes efficient use and balanced consumption of energy;
Promote economically justified competition;
Facilitates the use of local, renewable and secondary energy resources;
and
Promotes the use of environmentally friendly technologies.
Regional level
--Local level
•
Street lighting.
Sources
Energy Law
Energy
569
LRAs
a. Agriculture
National Government
•
•
Overall legislation (in accordance with EU law);
Ministry responsible is the Ministry of Agriculture.
Regional level
--Local level
--Sources
570
b. Fisheries
National Government
•
•
•
•
Overall legislation (in accordance with the principles and rules of the
common fisheries policy and international obligations);
Management of fish resources;
May transfer fishing rights to the municipalities; and
Legislative and administrative responsibility both regarding marine and
inland waters.
Regional level
--Local level
--Sources
Fishery Law
571
National Government
•
•
•
•
•
•
Overall legislation and policies;
Criteria for citizenship;
Establishes visa criteria;
Issue residence permits;
Office of Citizenship and Migration Affairs; and
State Border Guard.
Regional level
--Local level
--Sources
Asylum Law
Immigration Law
Office of Citizenship and Migration Affairs
572
d.
Tourism
National Government
•
•
•
•
•
•
•
Establishes a long-term, stable fiscal national tourism that is supportive of
tourism development;
State financial and credit policy;
Local and international tourism development programmes and projects;
International agreements on cooperation in the field of tourism;
Promotes tourism in Latvia and abroad;
Create and maintain the Latvian tourism information systems; and
Creates tourism information offices in Latvia and abroad.
Regional level
--Local level
•
•
•
•
•
•
Develops development plans and territory planning;
Provides resources and measures for tourism development;
Promotes opportunities for tourism in their territory;
Ensures the preservation of tourism objects;
Participates in the development and financing of tourism information
centres, points and stands; and
Supports cultural educational activity in the area of tourism and the
promotion of a healthy lifestyle.
Sources
Tourism Law
Latvian Tourism Development Agency
573
e. Civil protection
National Government
•
•
•
•
•
Overall legislative responsibility;
State police;
Security police;
Military police;
Fire-fighting:
¾ State Fire-fighting and Rescue Service;
¾ Fire safety, fire-fighting and rescue services of institutions,
organisations and commercial companies;
¾ Local government fire safety, fire-fighting and rescue services; and
¾ Voluntary fire-fighter organisations.
Regional level
--Local level
•
Local police:
¾ Prevention of violations of the law;
¾ Provision of social rehabilitation assistance;
¾ Guarding and conveyance of persons arrested and under administrative
arrest for administrative violations;
¾ Upholds local legislation; and
¾ Supports the State Police and Security Police.
•
Fire-fighting:
¾ Ensures training for employees of the local government fire safety,
fire-fighting and rescue services;
¾ Support establishment of voluntary fire-fighters organisations; and
¾ Support activities of the State Fire-fighting and Rescue Service in the
local government territory.
574
Sources
Fire Safety and Fire-fighting Law
Law on Police
Military Police
575
16. Lithuania
Lithuania declared independence in 1990 and adopted its current constitution in
1992. Lithuania is a parliamentary democracy and a decentralised unitary
state. The Lithuanian parliament is called Seimas. The 141 members of the
Seimas are elected by a mixed system: About half are elected in individual
constituencies and the other half is elected by proportional representation.
Lithuania is composed of 10 regions (Lith. apskritis) and 60 municipalities
(Lith. savivaldybė). Municipalities are the only genuine self-governing
authorities. Municipal councils are elected for four-year terms. Mayors are not
directly elected but chosen by the municipal council (Art. 16(2(2)) LLSG). The
municipal administrations are headed by an executive director (titled
“Administrator” from 1995-2003 and “Director of Administration” since 2003),
appointed by the municipal council upon proposal by the mayor (Art. 29(3)
LLSG). On 1 July 2010, the regional administrations (Administrations of the
Governor of the Region) were abolished. Currently, regions serve as territorial
and statistical units. The functions of the regions were distributed among
municipalities (minority) and the central government bodies (majority).
Local self-government through municipalities is provided for by the
Constitution (Art. 119-124) and specified in the 1994 Law on Local Self
Government (LLSG) and the 1994 Law on Territorial Administrative Units and
their Boundaries (LTAUD).
The constitution provides for a budgetary system consisting of an
independent state budget as well as independent municipal budgets (Art.
127) and the right for municipalities to establish local levies (Art.121).
Municipalities play a significant role in the public sector: estimates are that they
are responsible for 22 per cent of total expenditure. On the income side, revenue
for the municipalities comes from shared taxation, own-resources taxes,
revenues from goods and services as well as grants from the central government.
Grants in general (55% of total revenue) and specific grants paid by the central
government to finance delegate functions in particular (38% of total revenue)
represent the lion’s share of municipal income. Shared income from the general
income tax approximates 30% of municipal income whereas income from ownsource-tax and property income sums up to about 6%.251
251
577
General division of powers
National level
National legislative responsibilities in all areas (Art. 5 of the Constitution).
Regional level
The Counties serve as statistical and territorial units.
Local level
The Municipalities are responsible for (Art. 5-7 LLSG):
By virtue of the law on municipal councils, local authorities have general
administrative competence. They can exercise any task not explicitly reserved to
the State.
In particular, they are responsible for:
Independent functions (Art. 6):
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Budgeting;
Local fees and charges;
Management of municipal property;
Establishment and maintenance of municipal establishments;
Social maintenance;
Territorial planning;
Local development;
Spatial planning;
Environmental protection;
Housing;
Culture;
Sanitation;
Household waste;
Cemeteries;
Maintenance of local roads and public areas;
Education (pre-school, primary and secondary);
Adult education (vocational training);
Local health centres and hospitals;
Libraries;
578
•
•
•
•
•
Local cultural centres and museums;
Social welfare;
Public safety and security;
Maintenance of public order; and
Tourism and recreation.
Delegated functions (Art. 7)
•
•
•
•
•
•
•
•
•
•
•
•
Administration and registration of agriculture;
Participation in local labour market measures;
Management of local archives;
Public registry services;
Social benefits;
Protection of children’s rights;
Administration of rural development measures;
State property management;
Participation in organisation of elections;
Provision of state guaranteed primary legal assistance;
Civil protection; and
Fire protection.
Representation: Lithuanian municipalities are organised in the Association of
Local Authorities in Lithuania (ALAL) which represents them before the
Parliament and in relations with other state institutions in matters of common
interest (Art. 53 LLSG).
Information: State institutions must keep municipal authorities informed when
considering issues related to their interests or activities (Art. 52(4) LLSG).
Consultation: The municipalities have to the right to submit proposals in the
area of their competencies which must be considered and answers to them must
be provided (Art. 52(4) LLSG). Draft legislation relating to activities (Art. 52
(8) LLSG) of the municipalities shall be discussed with the municipalities or the
ALAL and draft legislation relating to municipalities’ territorial boundaries (Art.
52(5) LLSG) shall be discussed with the municipalities. Due to these legal
requirements, committees of the Seimas have to consult ALAL’s evaluation and
suggestions on relevant legislative drafts. 252
252
579
Coordination: The LLSG prescribes the establishment of a bilateral
commission for the coordination of interests and positions of the Government
and ALAL (Art. 52(10)) which is composed of the Minister of the Interior, the
Vice-Minister of the Finances and the Chancellor of the Government as well as
the President and the Vice-Presidents of the ALAL. The Commission meets at
least biannually, both sides take turns drafting the agenda.253
The members of the CoR are representatives of the municipalities. Lithuania
appoints nine full members and nine alternates to the Committee of the Regions
(CoR). The Association of Local Authorities in Lithuania (ALAL) selects
members and alternates from suggestions made by the Regional Development
Councils. The final selection must be approved by the Government. The
selection takes account of political, geographical and gender balance criteria.
The representation of the Municipalities’ interests in Brussels is ensured via
ALAL, which has its own liaison office.
Lithuania participates in a number of international cooperation
programmes. Namely, the Lithuania-Poland Cross-border Cooperation
Programme, the Latvia-Lithuania Cross-border Cooperation Programme, the
South Baltic Cross-border Cooperation Programme, the Baltic Sea Region
Programme 2007-2013 and the INTERREG IVC programme.
ALAL is a member of the Council of European Municipalities and Regions
(CEMR).
16.3 Subsidiarity
The procedures for the control of the principle of subsidiarity through the
Seimas are laid down in Article 180(6) of the Statute of the Seimas.
Specialised committees in the Seimas are responsible for proper and timely
control of the principle of subsidiarity.
The committee on European Affairs is responsible for communicating
statements concerning possible nonconformity of legal acts to the parliaments of
other Member States as well as to the Institutions of the European Union. 254
253
Idem.
Committee of the Regions, Report on ‘Subsidiarity in the multilevel framework of the Lisbon Treaty’,
Committee of the Regions, drafted by EIPA, 2011. Not published yet.
254
580
The local level is not involved in the subsidiarity check mechanism. In general,
any issues concerning subsidiarity are resolved following the general
mechanism of consultations (Art 52 of LLSG).
16.4 Bibliography
Association of Local Authorities in Lithuania
of the Lisbon Treaty’, Committee of the Regions, drafted by EIPA, 2011.
Unpublished.
Constitution of the Republic of Lithuania
Hooghe, L., Marks, G., H. Schakel, A., The Rise of Regional Authority: A
Comparative Study of 42 Democracies, Routledge, London, 2010.
Law on Elections to the Seimas
Law on Local Self-Government
Law on Regional Development
Law on Territorial Administrative Units and their Boundaries
Ministry of the Interior of the Republic of Lithuania
Seimas of the Republic of Lithuania Statue
The Committee of the Regions
581
the CoR
a. Transport policy
National Government
• Making and implementing transport policy and development of
infrastructure for all modes of transportation;
• Development of national transport strategies;
• Issue licenses to engage in transportation;
• Traffic safety for all modes of transport; and
• Management of the State sea port at Klaipeda as well as state owned
airports Vilnius International Airport, Kaunas Airport and Palanga
International Airport.
Local Authorities – municipalities
• Organisation of free of charge transportation to schools and to places of
residence of pupils of schools of general education, who live in rural
localities;
• Planning of the infrastructure;
• Maintenance, repairing, surfacing of roads and streets, as well as
organisation of traffic safety; and
• Organisation of transportation of passengers by local routes, calculation
and payment of compensations for preferential transportation of
passengers.
• Licensing of local public transportation routes.
Sources
Regulations of the Ministry of Transport and Communications
Kaunas Airport
Klaipeda Seaport
Palanga AirportRegulations of the Ministry of Transport and Communications
Vilnius Airport
582
National Government
• Legislative competence in the field of labour and employment including
support for unemployed; and
• Active and passive measures against unemployment are carried out by the
National Labour Exchange and its local offices.
• Participating in solving issues relating to employment of residents,
acquiring of qualification and re-qualifying, organisation of public and
seasonal works; and
• Participation in preparing and implementing labour market policy
measures and employment programmes;
• Organisation of public work.
Sources
Law on Support for Employment
Lithuanian Labour Exchange
Seimas of the Republic of Lithuania Statue
583
c. Social policy
National Government
• Main responsibility for the administration of social security;
• General directions of the development of the social security are establish
together with local governments;
• Pension, sickness and maternity insurance, labour accidents insurance
schemes and the collection of social insurance contributions are
responsibilities of the State Social Insurance Council and the State Social
Insurance Board; and
• Active and passive measures against unemployment are carried out by the
National Labour Exchange and its local offices.
• Planning and provision of social services, founding, maintaining of social
service establishments and cooperation with non-governmental
organisations;
• Provision of conditions for social integration of the disabled residing
within the territory of a municipality;
• Setting-up of a social housing stock and its repairs, social housing rent
• Provision of cash-social assistance to poor residents in the municipalities
specified by the Law of the Republic of Lithuania on Cash Social
Assistance to Poor Residents [until 31 December 2014];
• Calculation and payment of social benefits and compensations [to be
change in 2014/2015, social assistance ceases to be an independent
function and becomes a delegated function]; and
• Ensuring of provision of social care to individuals with a severe disability.
Sources
Law on Government
Ministry of Social Security and Labour
Social Security Strategy
584
d. Education policy
National Government
The national Ministry of Education and Sciences has a central role in
administering public education. Its goals are inter alia to:
• Implement the national system of formal and non-formal education;
• Implement the state policy of science and studies in accordance with the
law on science and studies and other legal acts;
• Coordinate the activity of Lithuanian institutions of science and studies
• To fulfil these goals, the ministry
• Develops one-year and long-term educational investment programmes;
• Approves requirements for the regulations of state-run and municipal
schools;
• Approves the general curriculum content of formal education, and
achievement levels;
• Organises and coordinates the accreditation of the secondary education
programme;
• Approves the procedure of consecutive learning under general education
programmes and the procedure for organisation and implementation of
Matura exams; and
• Establishes, liquidates, and reorganises vocational schools and approves
general vocational education plans.
• Ensuring of learning according to the programmes of compulsory
education;
• Organisation and coordination of the provision of educational assistance
to a pupil, teacher, family, school, the implementation of minimal child
care arrangements;
• Organisation of pre-school education, non-formal education of children
and adults, organisation of occupation of children and youth;
• Organisation of meal services in educational establishments, which
implement education according to pre-school, pre-primary and general
education programmes;
• Organisation of pre-primary education, general education, vocational
training and vocational counselling; and
585
• Maintenance of schools (classes) which implement general education
programmes and are designed for pupils having exceptional talents or
special needs;
• Establishes, liquidates, and reorganises schools and vocational schools;
• Organisation of free transportation to the schools for pupils, residing in
rural areas, further than 3 km from the educational establishment.
Sources
Ministry of Education and Sciences
586
National Government
• Responsibility for establishing, liquidating, and reorganising vocational
schools and approving general vocational education plans
• The Vocational Training Council of Lithuania is the consultative body in
deciding strategic questions in vocational education and training.
• Organisation of vocational training and vocational counselling.
• Establishment, liquidations, and reorganisation of vocational schools.
Sources
Law on Vocational Training
587
f.
National Government
Youth Policy
• The state youth policy is prepared and implemented by the Youth
Department under the supervision and control of the Ministry of Social
Security and Labour. The implementation of youth policy is based on the
principle of subsidiarity.
Sport Policy
• Define the strategic directions of sports policy and approve priority
directions and programmes related to the development of physical
education and sport.
Youth Policy
• Protection of the rights of children and the youth; and
• Municipalities frame and implement a municipal youth policy.
Sport Policy
• Municipalities form and implement a physical education and sports policy
for the municipality, establish physical education and sports institutions
and fund the activities of sport education centres within their territory; and
• Development of physical training and sports.
Sources
Department of Physical Education and Sports
Law on Physical Education and Sports
Law on Youth Policy Framework
588
g. Culture policy
National Government
Policy lines are set by the central Government after consultation with local
government units.
• The cultivation of general culture and fostering of ethnoculture of the
population (participation in culture development projects, establishment ,
reorganisation, transformation, liquidation of museums, theatres, culture
centres and other cultural institutions as well as supervision of their
activities).
• Establishment and protection of local protected areas of the cultural
heritage (tangible heritage).
Sources
Law on the Principles of State Protection of Ethnic Culture
589
National Government
• The objectives and tasks of the national public health care policy are set
out in the Lithuanian Health Programme which has to be approved by the
Seimas.
• For the purpose of implementing the Lithuanian Health Programme, the
Government shall approve the Lithuanian National Public Health Care
Strategy.
• Implementing the Lithuanian National Public Health Care Strategy through
municipal health programmes;
• Primary personal and public health care (founding, reorganisation,
liquidation and maintaining of establishments);
• Organisation of the secondary and tertiary health care in cases and
according to the procedure laid down by the law; and
• Establish and maintain municipal health care facilities.
• Organisation of public health.
Sources
Law on Public Health
590
i.
National Government
• Making and implementing transport policy and development of
infrastructure for all modes of transportation.
• The IA transport corridor (2007-LT-91601-P) is being implemented by
the Lithuanian Road Administration under the Ministry of Transport and
Communications.
--Sources
Regulations of the Ministry of Transport and Communications
Trans-European Networks Executive Agency (TEN-T EA)
591
j.
National Government
European Regional and Development Fund (ERDF)
• Managing authority is the Ministry of Finance of the Republic of
Lithuania;
• Operation Programme ‘Economic Growth’; and
• Operation Programme ‘Promotion of Cohesion’.
Spatial Planning
• Organise, within its competence, the preparation of territorial planning
documents;
• Draft, within its competence, the legal acts necessary for the
implementation of this Law; and
• Monitor, within its competence, the implementation of territorial planning
documents of the national and regional level, of the level of the institution
authorised by the Government.
• Formulation of national development plans; and
• Main responsibility lays with the Ministry of Finance.
European Regional and Development Fund (ERDF)
--Spatial Planning
• Planning of the infrastructure, social and economic development,
preparation of strategic development and actions plans, preparation of
programmes related to the development of tourism, housing, small and
medium sized enterprises;
• Implement the State territorial planning policy preparing the documents of
territorial planning of the municipality level;
592
• Coordinate and organise the preparation of territorial planning documents
of the municipality level; and
• Within its competence monitor the implementation of the municipality
level territorial planning documents (in cooperation with state authorities);
• Issuing construction permits;
• Supervising the use of buildings.
--Sources
EU Assistance – General Support
European Social Fund – Lithuania
Inforeg
Law on Territorial Planning
593
National Government
•
•
•
•
•
•
•
•
Environmental protection,
Forestry,
Utilisation of natural resources,
Geology and hydrometeorology,
Territorial planning,
Construction,
Provision of residents with housing, and
Utilities and housing.
• Establishment, protection and management of protected territories of a
municipality;
• Maintenance and protection of the landscape, immovable cultural values
and protected areas of local importance established by a municipality,
protection, maintenance and development of green areas, vegetations;
• Improvement and protection of environment quality;
• Organisation of waste water treatment;
• Development of municipal waste management, organisation of secondary
raw materials collecting and processing, establishment and exploitation of
landfills;
• Implementation of environmental noise prevention and state management
of environment noise;
• Participation in the management of national parks; and
• Radiation protection;
• Establishment and maintenance of landfill sites.
Sources
Law on Environmental Protection
Ministry of the Environment of the Republic of Lithuania
594
l.
Energy policy
Central level
The central Government is responsible for the overall responsibility for energy
policy. The long-term of the energy policy is laid down in the National Energy
Strategy.
• The organisation of supply of heat and drinking water; and
• Making arrangements for the lighting of the territories used for public
needs.
Sources
Law on Energy
595
LRAs
Agriculture policy
a.
Central level
•
•
•
•
Regulate with economic measures the production of agricultural products
and foodstuffs;
Pay direct payments and compensatory allowance;
Carry out intervention buying-up and other intervention regulatory
measures;
Promote export and establish export and import procedure.
EU funds are administered by the National Paying Agency under the Ministry of
Agriculture.
•
•
•
•
•
•
•
Administration of agricultural production quotas;
Registration of agricultural holdings and farmers’ farms;
Administration of activities related to declaration of agricultural land and
crops;
Implementation of programmes pertaining to the liquidation and
monitoring of natural disasters, communicable diseases of animals,
determining of losses and damage caused to the agriculture by hunted
animals and wild animals of the strictly protected species;
Registration and technical maintenance of tractors, self-propelled and
agricultural machines and their trailers; and
Administration of implementation of rural development measures;
Management and usage supervision of state owned hydrotechnical and
melioration constructions.
Sources
596
Fisheries policy
b.
Central level
•
•
•
•
Management of state owned fisheries;
Determine procedures for granting fishing rights;
Set and allocate fishing quotas in Lithuania’s internal fisheries; and
Registration of fishing vessels.
•
Organising the management of water bodies and the maintenance of
protected strips and zones, control how water bodies are attributed to
other economic entities are maintained.
Sources
Law on Fisheries
597
c.
Immigration and asylum policy
Central level
• Consideration and decision of issues concerning citizenship.
• Implementation of state policy in the fields of:

Migration;
Citizenship;
Visas; and
Granting asylum and refugee the status;
• The legal status of foreigners in the Republic of Lithuania is administered
by the Migration Department under the Ministry of Interior.
• Providing social assistance to aliens who have been granted; and
• Providing the Migration department with information relating to aliens
required for the discharge of functions by the Migration Department in
determining the aliens’ legal status in the Republic of Lithuania.
Sources
Migration department
Law on the legal status of aliens
Law on citizenship
598
d.
Tourism policy
Central level
• Set out a National Programme of Tourism Development establishing a
state policy on tourism development and investments in tourism.
• Establish tourist information centres abroad.
• Implement the funding of the state tourism programme and project
planning and tourism information centres abroad.
• A permanent Council on Tourism comprising public officials as well as
representatives of business associations acts as consultant to national,
regional and local governments.
• Creation of conditions for the development of business and tourism, and
promotion of such activities; and
• Preparation of programmes related to tourism.
Sources
Law on Tourism
599
e.
Civil protection policy
Central level
• Civil protection, together with the Municipalities;
• The Government lays down plans and procedures related to civil
protection such as the emergency prevention plan, the procedure for civil
protection training or co-ordinating actions of NATO in the field of civil
protection; and
• National emergencies are managed by the Government Emergency
Commission.
• Municipal Emergency Commissions chaired by the director of the
Municipality maintain the municipal civil protection system and take
decisions required for the management of an imminent actual emergency;
• Organisation of disaster prevention and its consequences’ mitigation
measures.
Sources
Law on civil protection
600
17. Luxembourg
Luxembourg is a unitary State with a municipal level of decentralisation
under the 1868 Constitution.
It is a constitutional monarchy that gained independence in 1839 and a
parliamentary democracy characterised by a flexible separation of powers. The
Parliament (Chambre des députés) is unicameral. The Government is led by the
Prime Minister and the Head of State is the Grand Duke.
Luxembourg is made up of 3 Districts 255 , 12 Cantons 256 and 106
Municipalities 257 (Communes). The Districts (Luxembourg, Diekirch and
Grevenmacher) and Cantons exist for territorial and administrative purposes
only; these are not levels of government. The District is a deconcentrated level
of State administration; the Canton is a level of State administration, without its
own competences. Conversely, Municipalities have existed since the 1789
French Revolution.
The right to local self-government is enshrined in the Constitution (Art.
107), Municipalities being considered as legal entities managing their own
bodies, heritage and interests. Municipalities have general competence for all
matters concerning municipal interests, but only have administrative
competences 258 . Municipal competences are divided into mandatory and
optional. Mayors represent both the State and their Municipalities.
The Grand Duke appoints a District Commissioner in each District259. They
are state officials responsible to the Home Minister and to the Government in
general, and serve as contact points between the central Government and local
administrations. They also act as coordinating points between Municipalities260.
All the local administrations (except Luxembourg City) are under the District
Commissioner’s direct supervision. Most of the decisions taken by the
Municipalities are subject to the approval of the Grand Duke or the Government.
The District Commissioner reports to the Home Minister on problems
encountered in the management of Municipalities.261
255
Loi communale du 13 décembre 1988 [Municipal Act of 13 December 1988] (Mém. A – 64 of 13 December
1988 p. 1222, Doc. parl. 2675), Article 109.
256
Ibid., Article 109.
257
Luxembourg portal, Accueil / Politique / Territoire,
258
Loi communale du 13 décembre 1988, op. cit.
259
Ibid., Article 110.
260
OECD, Mieux légiférer en Europe, Luxembourg 2010, 2010.
261
Loi communale du 13 décembre 1988, op. cit., Articles 112, 114 and 115.
601
Besides the Constitution of 1868 – which gives scarce indication of the
Municipalities’ competences, the Municipal organisation Act (loi communale)
of 1988 constitutes a fundamental law as regards the division of powers between
the State and the Municipalities. The distribution of competences is further
described in numerous other laws.
The Municipalities’ revenue is derived from autonomous taxation (33.8%),
grants (44.3%), and other sources of revenues (21.9%)262.
Since the Municipalities are rather small, a process has started to merge different
local authorities 263.
National level
The central government has exclusive legislative power in all fields related to
the national interest. Moreover, it has general legislative and administrative
powers, except for local powers specifically defined by the law.
Intermediate level
No intermediate-level responsibilities
• District Commissioners ensure compliance with laws and general and
municipal regulation, the maintenance of order, public safety and keeping
of the peace.
Local level
Municipal-level responsibilities
The mandatory functions of the municipalities include:
• Organisation and operation of the Municipality;
• Registration (registry office);
262
Under the direction of Hoorens, D., Sub-national governments in the European Union – Organisation,
responsibilities and finance, Dexia Ed., La Défense, 2008, pp. 462-464.
263
Ministry of Interior and of the Great Region, Accueil / Relations avec les communes / Redéfinition des
structures administratives et des relations entre l'Etat et les communes; Government portal, home > Salle de
presse > Articles d'actualité > Septembre 2011 > État d'avancement de la réorganisation territoriale:
présentation des conclusions du second tour de consultations avec les communes.
602
• Education, including buildings, school organisation, but not the curricula
and pedagogical matters, pre-school and primary education;
• Transport, including municipal road network; traffic management;
• Local planning;
• Environment, including water supply and waste management;
• Emergency services;
• Public safety (police matters, jointly with the State);
• Health, including public hygiene and health;
• Social welfare, and
• Waste management.
Also, municipalities carry out the following optional functions:
• Public transport;
• Public health, including the management of clinics and hospitals, care
homes;
• Social welfare, including crèches, child reception facilities, welfare
activities, care of the elderly;
• Sporting activities;
• Music education;
• Economic development, including the creation of industrial, commercial
and craft areas;
• Tourism, and
• Cultural affairs.
Representation: Municipalities are all members of the towns and
Municipalities association SYVICOL (Syndicat des Villes et Communes
Luxembourgeoises), which is recognised by the central Government as the
representative of local government. SYVICOL acts as the main interlocutor of
the central Government.
Municipalities to the extent that information is published on the Parliament’s
website.
Consultation: No general legal framework ensuring the consultation of
Municipalities exists, despite the co existence of many dialogue structures
between the State and the Municipalities264. In reaction to this, consultation of
264
603
Municipalities is ensured via SYVICOL265. In particular, when a proposal of
regulation has a local impact, the central Government consults SYVICOL266.
Coordination: Besides SYVICOL which enables coordination between the
local and central levels, cooperation is ensured informally via the deputies
holding a double mandate 267 . As regards horizontal coordination, SYVICOL
ensures cooperation between the Municipalities.
The Luxembourg delegation to the CoR is composed of six representatives
from the Municipalities, who are selected by the Government on the basis of
SYVICOL’s proposal.
Luxembourg’s Municipalities do not have liaison offices in Brussels.
SYVICOL represents Luxembourg Municipalities before the EU institutions and
promotes cross-border cooperation.
17.3 Subsidiarity
The national Parliament did establish a procedure of subsidiarity scrutiny of EU
draft legislative acts within the frame of the Early Warning System (EWS), but
it does not formally consult Municipalities. Nevertheless, some Deputies
holding a double mandate (local and national) participate personally in the
subsidiarity scrutiny. Moreover, the Luxembourg CoR delegation is associated
in the EWS. 268
17.4 Bibliography
Constitution
Constitution du Grand Duché de Luxembourg [The Constitution of
Luxembourg] of 17 October 1868 (Mém. 22-23 October 1868, p. 220).
States’, 2007, p. 131.
265
Ibid.
266
267
268
604
Legislation
Arrêté grand-ducal du 27 juillet 2009 portant constitution des Ministères [Grand
ducal decree on the establishment of ministries of 27 July 2009] (Mém. A – 173
of 29 July 2009, p. 2532), Article 1.6.III.
Code du travail [Labour Code].
Loi communale du 13 décembre 1988 [Municipal Act of 13 December 1988]
(Mém. A – 64 of 13 December 1988 p. 1222, Doc. parl. 2675)
Loi du 17 juin 1994 relative à la prévention et à la gestion des déchets [Law on
waste prevention and management]. (Mém. A –– N° 216 of 15 December 2006,
p. 3754, Doc. parl. 5508).
Loi modifiée du 10 juin 1999 relative aux établissements classés [Law on
classified establishments] (Mém. A – 100 of 28 July 1999, p. 1904, Doc. parl.
3837A).
Loi du 21 mai 1999 concernant l’aménagement du territoire [Planning Act of 12
May 1999]. (Mém. A – 61of 3 June 1999 p. 1401, Doc. parl. 3739), Chapters II,
III and IV.
Loi du 3 août 2005 concernant le sport [Sport Act] (Mém. A ––131 of 17 August
2005, p. 2270, Doc. parl. 4766).
Loi du 4 juillet 2008 sur la jeunesse [Youth Act] (Mém. A ––109 of 25 July
2008, p. 1534, Doc. parl. 5685).
Loi du 10 décembre 2009 sur le placement de personnes souffrant de troubles
mentaux [Act on the placement of mentally ill persons of 10 December 2009]
(Mém. A –– 263 of 31 December 2009, p. 5489, Doc. parl. 5856).
Loi du 18 décembre 2009 organisant l’aide sociale [Social welfare Act] (entered
into force on 1 January 2011) (Mém. A –– 260 of 29 December 2009, p. 5474,
Doc. parl. 5830).
Loi du 6 février 2009 portant organisation de l’enseignement fondamental
[Education organisation Act] (Mém. A –– 20 of 16 February 2009, p. 200, Doc.
parl. 5759).
Règlement grand-ducal du 20 avril 2009 instituant un régime d’aides pour la
promotion de l’utilisation rationnelle de l’énergie et la mise en valeur des
énergies renouvelables [Grand Ducal Regulation on the establishment of
605
financial aids for the use of renewable energies and the promotion of energies’
rational use] (Mém. A –– 83 of 28 April 2009, p. 979).
Règlement grand-ducal du 8 novembre 2010 portant exécution de la loi du 18
décembre 2009 organisant l’aide sociale [Regulation implementing the Social
welfare Act] (Mém. A –– 206 of 18 November 2010, p. 3425).
Websites
Association of Luxembourg towns and Municipalities (SYVICOL)
Economy and foreign trade Ministry, Accueil / Attributions / DG Marché
intérieur et politique régionale (DG 2).
Environment Portal, Les énergies renouvelables.
Family and Integration Ministry, Accueil / Le Ministère / Attributions.
Government website
Home ministry webpage
Labour and Employment Ministry, Accueil / Le Ministère / Attributions .
Ministère de l’agriculture, de la viticulture et du développement rural, Accueil /
Sécurité alimentaire.
Ministry of sustainable development and infrastructures, Department of
Transports.
MyEnergy Luxembourg.
Institut national pour le développement de la formation professionnelle continue,
Mesures d’aide à la formation, La formation, ça marche!, Luxembourg,
November 2010.
Loutsch-Jemming C., La Législation Communale, Notes de cours, INAP,
October 2011.
Youth National Service, Legislation.
606
the CoR
a. Transport policy
National level
• The overall transport policy, including the definition, conception and
orientation of the needs, priority setting, implementation and control of
expenses, as well as work general coordination;
• Controlling all national and international transport operations in the Grand
Duchy of Luxembourg (Transport Ministry), including

Air transport and infrastructure;
Roads and infrastructure;
Railways and infrastructure;
Ports and waterways;
Regulation of road safety, and
Public transportation.
The State acts as an organising authority and is assisted by the Transport
Community (Verkéiersverbond), which organises cooperation between the State,
the local authorities, the users and the operators.
Local authorities – municipalities
• Local transport (public transport), in cooperation with the Transport
Community (Verkéiersverbond);
• Local road maintenance, and
• Road safety on their territory.
Sources
of 29 July 2009, p. 2532), Article 1.6.III.
Ministry of sustainable development and infrastructures, Department of
Transports.
607
National government
The Ministry of Labour and Employment is in charge of:
•
•
•
•
•
•
The overall employment policy;
The labour law and working conditions;
Public employment service and national employment administration;
Disabled workers;
International cooperation, and
Unemployment benefits.
• Cooperating with the national employment administration;
• Employment promotion, e.g. by participation in local partnerships and the
assessment of local potentials for job creation;
• Municipal labour market services and day-to-day services ensuring better
possibilities for local employment;
• Employability measures funded from own budgets, and
• Since recently, deconcentrated offices of Public Employment Service at
local level.
Sources
of 29 July 2009, p. 2532), Article 1.19.
Code du travail [Labour Code]
Labour and Employment Ministry, Accueil / Le Ministère / Attributions
608
c. Social policy
National government
The Family and Integration Minister is responsible for social assistance,
specifically for:
•
•
•
•
•
•
Legislation;
Social welfare;
Social reintegration of convicts;
Research;
Minimum wage, and
Integration of foreigners.
Also, it is responsible for the family policy, including:
•
•
•
•
•
•
Legislation;
Policy concerning the disabled;
Policy concerning the elderly;
Social and legal protection of the youth;
Children’s rights, and
Family benefits.
Local authorities are responsible for social assistance. Thirty local social offices
are in charge of providing social assistance to users. They have competence in
the field of:
•
•
•
•
•
•
Information, orientation and assistance to users;
Administration;
Monitoring of dossiers;
Complementary financial aid;
Social investigation, and
Coordination and good functioning of the different procedures.
Also, regarding the family policy, local authorities are responsible for:
• Housing for elderly;
• Child care;
• Day-nurseries, and
609
• Socio-educational facilities for children.
Sources
of 29 July 2009, p. 2532).
Family and Integration Ministry, Accueil / Le Ministère / Attributions.
Loi du 18 décembre 2009 organisant l’aide sociale [Social welfare Act] entered
into force on 01.01.2011) (Mém. A –– 260 of 29 December 2009, p. 5474, Doc.
parl. 5830).
Règlement grand-ducal du 8 novembre 2010 portant exécution de la loi du 18
décembre 2009 organisant l’aide sociale [Regulation implementing the Social
welfare Act] (Mém. A –– 206 of 18 November 2010, p. 3425).
610
d. Education policy
National government
The Ministry of National Education and Vocational Training is responsible for
education and training policies in general.
The Ministry of higher education is in charge of higher education and research
in general.
• School establishment and organisation;
• The creation, construction*, maintenance, and operation of schools,
including early education, pre-school and school;
• School administration;
• Local employees organisation;
• Extra-curricular activities;
• Implementation of security at school legal provisions, and
• Music education.
* Building costs are co-funded by the State.
Sources
of 29 July 2009, p. 2532), Articles 1.8 and 1.10
Constitution du Grand Duché de Luxembourg [The Constitution of
Luxembourg] of 17.10.1868 (Mém. 22-23 October 1868, p. 220), Article 107(5).
Loi du 6 février 2009 portant organisation de l’enseignement fondamental
[Education organisation Act] (Mém. A –– 20 of 16 February 2009, p. 200, Doc.
parl. 5759).
611
National government
The Ministry of National Education and Vocational Training is responsible for:
• Education and training policies in general, and
• The school-based part and the part absolved in enterprises.
• Participating in policy implementation;
• Linguistic learning (leave for employees willing to learn Luxembourgish),
and
• Unpaid leave for training purpose.
Sources
of 29 July 2009, p. 2532), Articles 1.8 and 1.10
Institut national pour le développement de la formation professionnelle continue,
Mesures d’aide à la formation, La formation, ça marche!, Luxembourg,
November 2010.
612
National government
Youth policy
The Ministry of the Family and Integration is responsible for:
• Preparing the legislation on Youth Policy, policy formulation and setting
of policy guidelines;
• The supervision of youth associations;
• Providing support for general youth education, leisure activities and
setting up of youth centres;
• Volunteer Service;
• Financial support;
• “Youth leave” (congé jeunesse) enabling workers to go on a leave for
study purposes;
• Protection of the youth;
• National Youth Service, including
The implementation of youth policy, and
Ensuring contact, information, counsel and support to the youth.
• Preparing, coordinating and initiating investigation, analyses, research and
reports (Youth Observatory);
• The Superior Council for the Youth (consultative body), and
• Youth National Assembly.
Sport policy
Sports are organised by an independent structure: the ‘Sport Movement’. The
public authorities’ action is subsidiary and complementary. Public authorities
participate in the development and achievement of the Sport Movement’s
objectives and are placed under the supervision of the Ministry of Sports. They
responsibilities are:
• Contributing to the supervision of sport organisation:
Financial support;
Training of sport executives;
Medical control, and
Sport insurance.
• Providing sport facilities (together with the communes).
613
Youth policy
• Youth local plans.
Sport policy
• Providing assistance to sporting activities taking place within their
territories, and
• Sport facilities (shared with the State).
Sources
Loi du 3 août 2005 concernant le sport [Sport Act] (Mém. A ––131 of 17 August
2005, p. 2270, Doc. parl. 4766).
Loi du 4 juillet 2008 sur la jeunesse [Youth Act] (Mém. A ––109 of 25 July
2008, p. 1534, Doc. parl. 5685).
Youth National Service, Legislation
614
g. Culture policy
National government
The Ministry of Culture is in charge of:
•
•
•
•
•
•
•
Cultural activities and programmes;
International cultural cooperation and external cultural policy;
Setting up and running cultural institutions and infrastructure;
The coordination of national cultural centres;
The protection of the national cultural heritage policy;
The administration of funds for national cultural institutions, and
The promotion of cultural policy.
• Cooperating with the national level authorities for the policy
implementation;
• The administration of support for cultural institutions (in cooperation with
the national ministry), and
• Music education on a voluntary basis.
Sources
of 29 July 2009, p. 2532), Article 1.5
615
National government
The Ministry of Health is in charge of:
•
•
•
•
•
•
•
•
•
•
•
Legislation;
Policy-making and planning;
The National Health Service;
Organisation and facilities;
Research;
Providing legal framework on public care professions, medical schools,
supervision on preventive and social medicine;
Studies related to public health issues, advisory functions, task of
monitoring legislation (Specialised Public Health Direction);
Rehabilitation services and services for the disabled;
Setting legal framework for institutions related to public healthcare;
The supervision of public health service provision, and
The prevention and fight against drug addiction
• Participating in the day-to-day management of policies related to public
health;
• Administrative tasks related to policy implementation;
• Ensuring care for the mentally disabled, and
• Primary healthcare.
Sources
of 29 July 2009, p. 2532).
Loi du 10 décembre 2009 sur le placement de personnes souffrant de troubles
mentaux [Act on the placement of mentally ill persons of 10 December 2009]
(Mém. A –– 263 of 31 December 2009, p. 5489, Doc. parl. 5856).
616
National government
The Ministry of sustainable development and infrastructure is responsible for:
• The legislation, planning and implementation of major transport
infrastructure projects;
• The overall planning policy;
• International and interregional cooperation (including EGTCs), and
• Natural parks.
• Local planning policy, including the establishment and implementation of
local planning and urban development, and
• Providing their opinion in the planning phase of concrete projects
(consultation rights).
Sources
of 29 July 2009, p. 2532), Article 1.6.I.
III, IV.
617
National government
The Ministry of Economy and Foreign Trade, which is the ERDF managing
authority, is in charge of:
•
•
•
•
Legislation and enforcement of the regional economic policy;
European cohesion policy;
Structural Funds;
The Trans-national and cross-border regional economic development
policy, and
• The cooperation with the local authorities in the implementation of
regional policy programmes.
The Ministry of Labour and Employment is responsible for:
• The formulation and implementation of the ESF;
• The administration of labour market services and unemployment benefits,
and
• Setting the framework for training and retraining.
Spatial planning
The Ministry of sustainable development and infrastructure is in charge of:
•
•
•
•
•
•
•
•
The legal framework for spatial planning policies;
Providing assistance to the Municipalities in implementation;
The promotion of sustainable town planning;
State/Municipalities cooperation contracts and conventions on territorial
development;
INTERREG;
EGTCs;
Territorial cohesion and urban policy;
Metropolitan regions and cross-border metropolitan areas (Région
métropolitaine et agglomérations transfrontalières), and
618
• European Spatial Planning Observation Network (Observatoire en Réseau
de l’Aménagement du Territoire européen).
• The implementation of regional development programmes, in cooperation
with the national government.
•
•
•
•
Participation in employment promoting measures;
Participation in local partnerships for employment;
Running labour market services, and
Financing measures to support employment and employability.
Spatial planning
• Participation in detailed planning, town and city planning, and
• Urban development.
Sources
of 29 July 2009, p. 2532), Articles 1.6.I.1, 1.7, 1.19 and 1.14.2.
Economy and foreign trade Ministry, Accueil / Attributions / DG Marché
intérieur et politique régionale (DG 2).
Labour and Employment Ministry, Accueil / Le Ministère / Attributions .
III, IV.
619
National government
The Ministry of sustainable development and infrastructure is responsible for:
• Overall policy in the field of environment and fight against climate
change;
• Fund for environment protection;
• Public administrations (on environment, nature and forests and water);
• Waste management (together with the communes);
• The adoption of a national plan on sustainable development, and
• The promotion of sustainable development.
The Sustainable Development Higher Council acts as a forum on sustainable
development. Its missions include:
• Conducting research on sustainable development;
• Fostering the participation of all the relevant stakeholders and citizens in
the achievement of its objectives, and
• Acting as an advisory body on the sustainable development policy.
•
•
•
•
•
•
•
•
The provision of communal environmental services;
The punishment and prevention of pollution;
The maintenance of hygienic and safe environment;
Water supply and management;
Water protection;
Waste management (together with the State);
Recycling, and
To a small extent, air pollution.
620
Sources
of 29 July 2009, p. 2532), Article 1.6.II.
Loi du 17 juin 1994 relative à la prévention et à la gestion des déchets [Law on
waste prevention and management]. (Mém. A –– N° 216 of 15 December 2006,
p. 3754, Doc. parl. 5508)
Loi modifiée du 10 juin 1999 relative aux établissements classés [Law on
classified establishments] (Mém. A – 100 of 28 July 1999, p. 1904, Doc. parl.
3837A).
Sustainable Development Higher Council portal, Accueil/ Le conseil/ Missions.
621
l. Energy policy
National government
The Ministry of Sustainable Development and Infrastructure and the Ministry of
Economy and Foreign Trade are responsible for:
•
•
•
•
The promotion of renewable energies;
Energie agence;
Financial aid for the use of renewable energies, and
The promotion of rational use of energy.
The Economic interest grouping MyEnergy is in charge of information and
counsel relating to energetic efficiency and renewable energy sources.
Municipalities may benefit from the financial aid for the use of renewable
energies and the promotion of rational use of energy.
Sources
of 29 July 2009, p. 2532), Article 1.6.II.
Environment Portal, Les énergies renouvelables
MyEnergy Luxembourg portal
Règlement grand-ducal du 20 avril 2009 instituant un régime d’aides pour la
promotion de l’utilisation rationnelle de l’énergie et la mise en valeur des
énergies renouvelables [Grand Ducal Regulation on the establishment of
financial aids for the use of renewable energies and the promotion of energies’
rational use] (Mém. A –– 83 of 28 April 2009, p. 979).
622
LRAs
National government
The Ministry of Agriculture, Viticulture and Rural Development is in charge of:
•
•
•
•
•
•
•
The implementation of the Common Agriculture Policy (CAP);
Financial aids (EU and national);
Food security;
Animals protection;
Viticulture;
Horticulture, and
Forestry.
--Sources
of 29 July 2009, p. 2532), Article 1.3
Aides financières
Sécurité alimentaire
623
b. Fisheries policy
National government
The Minister of Interior and of the Great Region are in charge of the overall
fisheries policy.
--Sources
of 29 July 2009, p. 2532), Article 1.14.IV.
624
National government
The Ministry of Labour, Employment and Immigration is in charge of:
•
•
•
•
•
•
•
•
Legislation;
The entry and residence of foreigners;
The return of illegal immigrants;
Asylum, including refugee status and subsidiary protection status;
Detention centres;
Granting stateless status;
National, European and international immigration and asylum policy, and
The cooperation with international organisations and NGOs.
The Ministry of Family and Integration is in charge of:
•
•
•
•
•
Foreigner integration;
Social action in favour of foreigners;
The Luxembourg Acceptation and Integration Office;
Acceptance centres for asylum seekers, and
National Council for foreigners.
--Sources
of 29 July 2009, p. 2532), Articles 1.2.IV and 1.11.6.
625
d. Tourism policy
National government
The Minister of Middle Class and Tourism is in charge of:
•
•
•
•
•
The overall tourism policy;
Tourism promotion;
Foreign tourism agencies;
Cross-border cooperation, and
The allocation of funding for local projects.
Local authorities are responsible for local tourism.
Sources
of 29 July 2009, p. 2532), Article 1.4.2.
626
National government
The Minister of Interior and of the Great Region is in charge of:
• Civil protection services;
• International cooperation on civil protection;
• Rescue services administration, including organisation, administration,
instruction;
• The management of rescue services units;
• Coordination in emergency matters;
• The organisation, composition, functioning and definition of missions
relating to fire and rescue, and
• Controlling local authorities’ fire and rescue departments.
Local authorities are responsible for the creation or maintenance of local fire and
rescue departments.
Sources
of 29 July 2009, p. 2532), Article 1.14.3.
Loi communale du 13 décembre 1988 [Municipal Act of 13 December 1988]
(Mém. A – 64 of 13 December 1988 p. 1222, Doc. parl. 2675), Chapter 9.
627
18. Malta
Malta is a decentralised unitary state. The State of Malta is a Parliamentary
Republic. Malta obtained independence in 1964 from the British Empire and
became republican a decade later. The unicameral House of Representatives
(Kamra tad-Deputati) is composed of 65 members elected for a five-year term
and has the power to make laws “for the peace, order and good government of
Malta” (Article 65 of the Constitution).
Malta is a unitary state with no federal structure. According to the Constitution;
the only element of self-government below the level of the republic itself is the
system of local councils. Until 1993, no local councils were established in
Malta. Following the adoption of the Local Council Act that year, 67 councils
were established. Currently, there are 68 elected local councils responsible for
managing and delivering a limited number of specific services at local level. The
Local Council Act was amended in 2009 (Local Councils' Reform Act No. XVI
of 2009). Five Regional Committees have been set up, corresponding to the five
Regions (article 37A(1) of the Local Council Act). The functions of the
Regional Committees are established by the Minister responsible for Local
Government (Home and Parliamentary Affairs) in the form of regulations
following consultation with the Local Councils’ Association. However, local
Councils within a given region may also, upon unanimous agreement, authorise
the Regional Committee to assume powers conferred to them. So far, the Local
Enforcement System and street lighting have been devolved to the Regional
Committees. Management of regional libraries is also planned to be devolved.
The Regional Committees have the power to make by-laws for the purpose of
carrying out their functions. For the first time it also established Administrative
Committees. Regional Committees have legal personality are headed by
Presidents of the Region and shall be responsible for performing the devolved
functions or delegated to it by means of an order of the Minister. The new
amendments introduced the establishment of the five following regions: Region
Gozo, Northern Region, Central Region, Southeast Region and Southern
Region.
The Constitution dates from 1964 and was amended in 2001 to incorporate the
system of local government. By virtue of a constitutional amendment in 2001
adding a new Chapter XA to the Constitution, the system of local councils is
now entrenched in the Constitution in the following way (Article 115A): “The
State shall adopt a system of local government whereby the territory of Malta
shall be divided into such number of localities as may by law be from time to
time determined, each locality to be administered by a Local Council elected by
629
the residents of the locality and established and operating in term of such law as
may from time to time be in force”. The Local Council Act, modelled on the
European Charter of Local Self-Government of the Council of Europe and
which was adopted in 1993, set up local councils as local government entities.
Fiscal autonomy is limited. Local Councils cannot levy their own local taxes and
they do not benefit from shared tax revenue from the state. The greatest share of
Maltese Local Councils’ revenue comes from State grants (79.9% in
2005/2006). Local Councils also receive revenue from fees charged for the use
of local public services, and income generated by investment and law
enforcement. Sub-national public sector expenditure in 2005 represented 0.6%
of GDP and 1.4% of the total public expenditure; the lowest percentages in the
EU269.
Central level
National legislative responsibilities in all areas.
Responsibilities for:
•
•
•
•
Arterial and distributor roads determined by the Structure Plan;
National monuments, national parks or gardens;
Industrial estates;
Ports, airports and other national territories, establishments, buildings and
items listed in the Fourth Schedule to the Local Councils’ Act.
Regional level
The Regional Committees have the following competences (Article 19 of the
Regional Committees Regulations):
•
•
•
•
•
•
•
Maintenance of street lighting;
Enforcement of laws delegated to the Regional Committees;
Engaging the services of local wardens;
Organisation of cultural activities;
Protection of the environment;
Delegated functions by the central government;
Providing for all other work not excluded from a Council’s competence by
law or assigned to another authority.
269
630
Local level
Local councils have the following responsibilities (Article 33 the Local Council
Act):
• Maintenance and cleanliness of public areas;
• Maintenance of children’s playgrounds, public gardens, sport, culture or other
leisure centres;
• Maintenance of local public roads;
• Urban planning;
• Urban development;
• Providing information relating to the rights of citizens;*270
• Establishment and maintenance of childcare centres, kindergartens;*
• Maintenance of educational services or buildings;*
• Maintenance of health and rehabilitation centres, government dispensaries,
health district offices and homes for senior citizens, day centres for senior
citizens and night care centres;*
• Maintenance of public order (local tribunals);
• Delegated functions by the central government;
• Administration of commerce licenses and permits;
• Public property and bus shelters;
• Local public libraries;
• Proposal of persons to be appointed as presidents of primary schools;
• Promotion of social policy initiatives;
• Safeguard of local identity;
• Assistance to artists and musicians and sports persons from the locality;
• Organisation of cultural activities;
• Protection of the natural and urban environment of the locality;
• Organisation of sports activities;
• Promotion of entrepreneurship;
• Providing for all other work not excluded from a Council’s competence by
law or assigned to another authority.
*Responsibility shared with the central level
631
Representation271: The Local Councils’ Association has been established with
the aim of protecting and promoting the common interests of all the Local
Councils and to represent them on a national and international level.
Information and consultation272: Consultation procedures are defined by the
Local Councils’ Act and its regulations. Consultations are conducted with both
associations and individual local authorities. During the consultations, the
central level, and in particular the Department of Local Government plays the
roles of facilitators and promoters. These consultations are carried out within a
committee that meets on a monthly basis. During those meetings, which occur at
the proposal stages, local authorities are consulted on subjects that concern
them. Local authorities are also consulted by exchanges of correspondence
Coordination273: Law XV of 30 June 1993 creates the Department of Local
Councils which acts as the coordination office of Local Councils and the
Ministry responsible for local government. It must ensure support, coordination
and monitoring.
The Ministry of Foreign Affairs, through its Directorate General for European
and Economic Affairs, leads and coordinates the position of Malta in the
formulation of EU legislation, policy and decision.
The Maltese delegation to the CoR consists of five full members and five
alternate members that represent the local and regional authorities.
The Local Councils’ Association of Malta has its office in Balzan in Malta, but
does not have any liaison office in Brussels.
271
Keating and Jacques Ziller) 2008.and
272
273
632
The Local Councils’ Associationis a member of the Congress of Local and
Regional Authorities, a consultative body of the Council of Europe. Five
members are representing Malta.
Sub-national authorities do not have any role within the Early Warning System.
18.4 Bibliography
Constitution
Constitution of Malta 21 September 1964
Legislation
Act No. XVI of 2009
Act No. X of 2010
Agency for the Welfare of Asylum Seekers Regulations, 17 July 2009
Authority for Transport in Malta Act, 31 July 2009
Civil Protection Act, 5 November 1999
Education Act, 16 August 1988
Employment and Industrial Relations Act, 27 December 2002
Employment and Training Services Act, 7 August 1990
Environment Protection act, 18 September 2001
Fisheries Conservation and Management Act, 4 June 2001
Local Councils Act 23 July 1993 last amended 2011
Local Councils (Association) Regulations, 8 November 1994
Malta Council for Culture and the Arts Act, 26 April 2002
Malta Travel and Tourism Service Act, 1999 Immigration Act, 21 September
1970
Public Health Act: 21 November 2003
Regional Committees Regulations 5 August 2011
The Sports Act, 2002
274
Committee of the Regions, Report on ‘Subsidiarity in the multilevel Framework of the Lisbon Treaty’,
633
Websites
Fish and Farming Regulation and Control
Local Councils’ Association
Malta Competition and Consumer Affairs Authority
Malta Council for Culture & Arts
Malta Enterprise
Malta Environment and Planning Authority
Malta Sports Council
Malta Resources Authority
Malta Tourism Authority
Ministry of Education, Employment and the Family
Ministry for Home and Parliamentary Affairs
Ministry for Justice, Dialogue and the Family
Ministry for Justice and Home Affairs
Ministry for Resources and Rural Affairs
The Authority for Transport in Malta
The Ministry of Health, the Elderly and Community Care
The Trans-European Transport Network Executive Agency
Youth Programme
Publications
Congress of Local and regional Authorities of the Council of Europe, Report on
Local Democracy Malta, 1 March 2011
Report on ‘Subsidiarity in the multilevel Framework of the Lisbon Treaty’,
Committee of the Regions, drafted by EIPA, 2011. Not yet published.
634
the CoR
a. Transport policy
Central level
The government, through the establishment of the Authority for Transport in
Malta, is responsible for:
• Drawing up integrated transport policy and legislation in the field of
maritime transport, land transport, aviation and road works;
• Developing, coordinating and implementing road transport policy, as well
as regulation, licensing and registration of vehicles;
• Construction, re-construction and maintenance of roads, management of
traffic and promotion of traffic safety;
• Transport research and infrastructure planning;
• Providing or securing a properly integrated, safe, economical, efficient
and environmentally-friendly public transport system within the country
and its internal and territorial waters;
• Regulating and controlling the provision of transport services, including
the establishment of schedules and timetables;
• Provision of funds and resources;
• Promotion of training for persons engaged in transport services;
• Arterial and distributor roads determined by the Structure Plan, ports,
airports and other national territories, establishments, buildings and items
listed in the Fourth Schedule to the Local Councils’ Act;
• Elaborating the Structure Plan Review.
• Compiling and keeping up-to-date transport data records;
• Promoting maritime and civil aviation facilities and the registration of
ships, aircraft, boats, yachts and vessels under the Maltese flag;
• Grant, renewal, extension, variation, refusal, suspension or revocation of
licences and certificates and establishment of the conditions under which
such actions should be performed, as well as the fees which may be
payable in each case;
• Ensuring
efficient and cost-effective administration, services and
operations of ports and yachting centres;
• Encouraging measures for the development of civil aviation and ancillary
services, specifically of air transport services of both passengers and
cargo;
635
• Regulating the charges, fees and tariffs that may be charged or made for
the use of ports and aerodromes, and for the use of any transport facility
including different means of public transport, and for services provided at
such facilities;
• Establishing codes of conduct for transport operators;
• Standardising practices in the transport sector in line with international
and European norms;
• Approving local transport schemes.
Regional level
The Regional Committees are responsible for the upkeep and maintenance of
street lighting in accordance with national and international standards.
The Local Councils are responsible for:
• Traffic management services and proposition for changes of traffic
schemes which directly affect the locality;
• Local enforcement of traffic management- related offences;
• Upkeep, maintenance and improvement of local roads and parking areas;
• Provision and maintenance of proper road signs and road markings in
conformity with national and international standards;
• Installation and maintenance of bus shelters;
• Provision of information relating to the rights of citizens regarding
transport.
Sources
Authority for Transport in Malta Act
636
Central level
• Enforcement and non-compliance related to employment;
• Setting recognised conditions of employment;
• Protection against discrimination related to employment.
The National Employment Authority is responsible for:
• Monitoring employment and advising the Minister responsible for labour
on matters relating to the employment or training of workers;
• Investigating and adjudicating complaints about the services of the
Employment and Training Cooperation (ETC).
The Employment and Training Corporation (ETC), which is Malta’s public
employment service, is responsible for:
• Providing and maintaining an employment service;
• Assisting jobseekers with their search for suitable employment and
assisting employers in finding suitable employees;
• Providing training to increase the employability of individuals.
Regional level
--Sources
Employment and Industrial Relations Act
Employment and Training Services Act
Ministry of Education, Employment and the Family
637
c. Social policy
Central level
• Provision of decent housing;
• Promotion of equality. The National Commission for the promotion of
equality ensures that there is no discrimination based on sex/gender and
family responsibilities in employment, and racial/ethnic origin and gender
in the provision of goods and services and their supply;
• Social welfare. AĊĊESS Community resource centres provide social
services in the community in which they operate. Other institutions for
social welfare are: the Office of the Commissioner for Children,
Commission on Domestic Violence, Foundation for Social Welfare
Services, and the National Family Commission;
• Social security.
Regional level
• Ensuring that public premises are accessible to all persons, including
persons who use a wheelchair;
• Promotion of social policy initiatives, mainly directed towards:

People with special needs;
Children and young people with literacy problems;
The elderly;
Persons with mental health problems who are in community
care;
• Promotion if social policy initiatives in the area of preventive care;
• Provision of information related to social security.
Sources
Ministry for Justice, Dialogue and the Family
638
d. Education policy
Central level
• Primary education;
• Secondary education;
• Establishing the framework of the national curriculum both for State
schools and for non-State schools at compulsory educational level and
monitoring accordingly;
• Education and teaching of the catholic religion;
• Resource centres.
Regional level
• Establishment, upkeep and maintenance of childcare centres,
kindergartens and other educational services or buildings (in accordance
with the national scheme);*
• Proposition of persons to be appointed as presidents of primary school
councils;
• Lifelong learning in the locality;
• Administration of local libraries.
*Responsibility shared with the central level.
Sources
Education Act
639
Central level
• Preparation of citizens for work;
• Provision of vocational qualifications and courses needed for a particular
profession or trade (the Department for Lifelong Learning, in cooperation
with private institutions such as the Malta College for Arts, Science and
Technology (MCAST), Employment and Training Corporation).
Regional level
• Providing lifelong learning services with a particular focus on adults and
the elderly.
Sources
Education Act, 16 August 1988
Ministry of Education and Employment
640
f.
Central level
• Developing, strengthening and facilitating youth empowerment
programmes;
• Youth in Action Programme: youth exchanges, youth initiatives, youth
democracy projects etc.;
• Ensure the compliance of youth policy with the international treaties,
conventions or agreements relating to children ratified by the country;
• Protection of children, promotion of children’s rights, provision of
necessary services for children, and participation of children;
• Sport policy formulation and implementation;
• Financial and other assistance to Councils and persons for the promotion
and development of sport;
• Development and implementation of sport programmes which target all
members of the community. Special programmes exist to encourage youth
to participate in challenging adventure and multi-sports programmes.
Regional level
• Organisation of sports activities for all residents of all ages and provision
of good sport facilities, in cooperation with the sport associations of the
locality;
• Ensuring the best use after normal school hours of facilities that already
exist in schools such as sports facilities, school halls, information
technology laboratories, and other public facilities in the locality;
• Assistance (in the framework of regulations made by the Minister) to
sports persons so that they will be able to develop their talents;
• Establishment, upkeep and maintenance of sport centres.
641
Sources
Jason Zammit, on behalf of the European Commission and the Council of
Europe, Country Sheet on Youth Policy in Malta, Last Updated in 2011, pp. 6-8.
Malta Sports Council
Youth Programme
642
g. Culture policy
Central level
The Government is responsible for supporting the development of culture.
The Malta Council for Culture and the Arts is responsible for:
• Promoting Malta’s culture through all forms of creative expression;
• Increased accessibility to arts;
• Promoting the cultural heritage nationally and internationally.
Regional level
The Regional Committees are responsible for the organisation of cultural
activities that promote the region.
• Organisation of cultural activities that promote the locality;
• Measures to safeguard the local identity, local historical and cultural
heritage, traditions and folklore;
• Assistance to artists and musicians so that they are able to develop their
talents (in the framework of regulations made by the Minister).
Sources
Malta Council for Culture & Arts
Malta Council for Culture and the Arts Act
643
Central level
• Formulation and ensuring implementation of public health policy and
legislation;
• Pharmaceutical policy;
• Import and export of narcotic and psychotropic drugs;
• Health promotion and disease prevention;
• Enforcement of public health legislation;
• Establishment and monitoring of standards for service providers in the
primary, secondary and tertiary care;
• Enforcement of legislation in relation to blood, organs, tissues and cells;
• Environmental health issues;
• Establishment and monitoring of nursing care standards in all care
sectors;
• Determining public health issues.
Regional level
• Establishment, upkeep and maintenance of health and rehabilitation
centres, government dispensaries, health district offices and Homes for
Senior Citizens, Day Centres for Senior Citizens and Night Care Centres
(as part of a national scheme);*
• Provision of information on public health.
*Responsibility shared with the central level
Sources
Public Health Act:, 21 November 2003
The Ministry of Health, the Elderly and Community Care
644
i.
Central level
• Government, through the Authority for Transport in Malta, is responsible
for the policy on trans-European networks.275
Currently, there are 30 such priority projects, of which Malta is involved in 11
(out of 30):
• 2005-MT-92501-P
Malta International Airport: modifications to taxiways to improve capacity of
existing facilities
•2006-EU-93001-S
ERTMS development and consolidation
•2006-EU-93016-S
West Med Corridors
• 2006-MT-92502-P
Malta Freeport - Development Project
•2007-EU-15010-S
Trans-European Satellite Navigation System (Galileo): Development and
validation phase
•2007-EU-40010-S SESAR
SESAR (Single European Sky ATM Research) – Development Phase
•2007-MT-91901-P
Malta Freeport Terminals - Expansion Project
275
Malta became part the Trans-European Transport Network (TEN-T) on 1 May 2004, the day of the country’s
accession to the European Union. Decision 884/2004/EC of 29 April 2004 on Community guidelines for the
development of the Trans-European Transport Network, also became applicable to Malta.
645
•2008-EU-40004-S
BLUE MED Definition Phase
•2008-EU-91901-S
NETLIPSE
•2009-EU-40068-E
Airborne Datalink Equipment
•2010-EU-21101-S
MoS 24 - ICT based Co-modality Promotion Centre for integrating PP24 into
Mediterranean MoS
Regional level
--Sources
Authority for Transport in Malta Act
646
j.
Central level
•
•
•
•
•
•
Economic policy;
Fiscal policy;
Financial services;
IP: patents, design and trademark registration;
Promotion of foreign investment and industrial development;
Consumer welfare.
• Enhancing employability and working conditions;
• Social security contributions.
Spatial planning
•
•
•
•
Regulating the development and use of land;
Considering applications for development permission;
Monitoring development;
Taking action where illegal developments have occurred.
Regional level
• Promoting an entrepreneurial policy whereby the interests of shop owners,
the needs of the residents, and the consumers in the community are taken
into account;
• Encouraging activities which promote trade and facilitate Local Council
procedures in order to decrease bureaucracy so that commercial
enterprises can improve the services they deliver.
647
Spatial planning
• Guidelines for the upkeep, restoration, design or alteration of the facade
of any building or of any building normally visible from a street;
• Recommendations for planning or building schemes;
• Participate in decisions on the naming or renaming of streets.
Sources
Malta Competition and Consumer Affairs Authority
Malta Enterprise
648
k.
Central level
• Legislation and policy formulation on the protection of the environment,
including:

Air;
Water;
Noise;
Sustainable development;
Planning;
Chemical accidents;
Collaboration with other governments and entities;
Biological diversity;
Pollution;
Waste management;
Climate change;
• Maintenance of parks on the national level.
• Land use planning and environmental regulation (Malta Environment &
Planning Authority).
Regional level
The Regional Committees are responsible for:
• Protection of the natural and urban environment of the region;
• Good waste management;
• Climate change initiatives.
• Protection of the natural and urban environment of the locality;
• Measures to ensure more efficient energy use and good waste
management;
• Climate change initiatives.
649
Sources
Act No. X of 2010
Environment Protection act
650
l.
Energy
Central level
•
•
•
•
•
•
•
Energy policy and legislation;
Energy supply;
Energy efficiency;
Energy labelling;
Importation, storage and sale;
Promotion of renewable resources;
Energy sector licenses.
The Malta Resources Authority has regulatory responsibilities relating to
energy.
Regional level
The Local Councils are responsible for adopting measures to ensure the more
efficient use of energy.
Sources
Malta Resources Authority
651
LRAs
a. Agriculture
Central level
•
•
•
•
•
•
•
•
•
•
Directing income support for Malta's food producers;
Developing food export marketing opportunities;
The Common Agricultural Policy (CAP);
Recognising and supporting producers' organisations;
Safeguarding excellence in food quality standards;
Providing extension services and specialised technical advice;
Encouraging rural and marketing infrastructural development;
Promoting continuous dialogue with food producers;
Supporting and encouraging agro-industrial enterprises;
Promoting sustainable and environmentally friendly methods of food
production.
Regional level
--Sources
Fisheries Conservation and Management Act
652
b.
Fisheries
Central level
• Regulation, surveillance and control of fisheries;
• Development and management of fisheries;
• Animal welfare.
Regional level
--Sources
Fisheries Conservation and Management Act
653
Central level
• Restricting, controlling and regulating immigration;
• Passport issuance;
• Civil registration;
• Refugees;
• Immigration appeals;
• Residence permits;
• Visas;
• Removal (order).
There is an Agency for the Welfare of Asylum Seekers (AWAS).
Regional level
--Sources
Agency for the Welfare of Asylum Seekers Regulations
Immigration Act
Ministry for Home and Parliamentary Affairs
654
d. Tourism
Central level
• Promotion of tourism in the country;
• Regulation of tourism services and operations and the issuance of
licenses;
• Planning and development of the tourism industry + necessary
infrastructure.
The Malta Tourism Authority (MTA), which falls under the responsibility of the
Ministry for Tourism, the Environment and culture, is in charge of creating and
fostering relationships with all tourism stakeholders.
Regional level
The Local Councils are responsible for providing information relating to tourist
facilities.*
* Responsibility shared with the central level
Sources
Malta Tourism Authority
Malta Travel and Tourism Service Act
655
e. Civil protection
Central level
• Regulating civil protection matters and procedures;
• Contingency plans to respond to a disaster, national, industrial or other
emergencies;
• Training facilities and courses for personnel;
• Infrastructural set-up to ensure cooperation between organisations;
• Assistance and Rescue Force.
Regional level
--Sources
Civil Protection Act
656
19. The Netherlands
The Netherlands are a decentralised unitary state in which provinces and
municipalities have extensive powers to their own internal affairs. These powers
are anchored in Articles 123 to 133 of the Dutch Constitution. Article 124(1) of
the Constitution gives the provinces and municipalities the autonomy to adopt
their own acts for their respective territories. Through Article 124(2) of the
Constitution the central government may demand cooperation from the LRA in
executing the national policies. Additionally, the Netherlands is also part of the
Kingdom of the Netherlands, which includes the European Netherlands and
some of the Caribbean Islands. The Kingdom is governed by the Kingdom
Statutes. Yet, every country within the Kingdom has its own constitution (within
the framework of the Kingdom Statutes) and enjoys extensive autonomy.
The Netherlands have a bicameral system. Both the Second and First Chambers
do not have a system of regional representation. Though the First Chamber has a
certain regional reflection included since it is elected by the provincial
assemblies and not via popular elections. Additionally, membership of the First
Chamber is being divided by certain regional representation. However, Article
50 of the Dutch Constitution explicitly mentions that the representative of both
houses are representing the "entire people of the Netherlands" and Article 67(3)
of the Dutch Constitution states that the Members of both Chambers vote “Free
from burden”. Consequently, members vote free from party political lines,
regional or local pressures, interest group pressures, etc.
The Netherlands have 12 provinces and 415 municipalities (on 1 January 2012).
In addition there are six overseas entities (Aruba, Bonaire, Curacao, Sint
Maarten, Sint Eustatius and Saba). Since 10 October 2010, Aruba, Curacao and
Sint Maarten enjoy extensive autonomy from the Netherlands while still being
subject to the Kingdom Statutes. Bonaire, Sint Eustatius and Saba on the other
hand, have become ‘special municipalities’ of the Netherlands. Legally, they are
“public bodies” and fall under Article 134 of the Constitution rather than Article
123 of the Constitution. Consequently, they do not have the same legal status as
municipalities. For instance, there is no regional level above them but they are
directly connected to the central level and they are not part of EU territory.
Though Dutch municipal legislation applies extensively to these islands, it will
never fully apply due to their special status.
Regarding the key principles of subsidiarity and autonomy, the central level can
interfere at any given time at the local and regional level. However, as a general
principle, the local and regional levels enjoy autonomy and may act in any way
as long as they are in line with national law. The key idea behind the autonomy
657
principle is that it brings decision-making as close as possible to the population
and only when needed, should decision-making be brought to a higher level.
Other legislative texts that are important for the functioning of the municipalities
and the provinces are the Law on the Provinces and the Law on Municipalities.
Here a legal framework is provided for consultation between the Provinces and
the Municipalities with the Central Government.
Each governmental level has its own financial control and there is no shared tax.
Provincial and municipal tax revenue comes entirely from own-sources. For
municipalities the main sources are property taxes (about €3,5 billion in 2005
representing 48% of municipal tax), the refuse collection rate (about €1634
million in 2005 representing 22% of municipal tax) and the sewer tax (about
€923 million in 2005 representing 13% of municipal tax) 276 . In addition
municipalities may also levy other taxes such as tourist tax, dog tax, parking tax,
etc. For provinces the main tax is surtax on the national motor vehicle tax which
generated €1439 million in 2011. This represents about 19% of the provincial
revenue.
In the Administration Agreement 2011-2015 277 , the central government, the
provinces and the municipalities agreed that more tasks of the central
government will be carried out by municipalities and provinces. This
decentralisation will in particular focus on the areas of youth, environment,
various issues regarding employment and health care. Nevertheless, not
everything will be decentralised. Currently a new police law is proposed which
is scheduled for adoption in 2012. The police will become centralised at national
level by merging the regional police bodies into one national police. The general
idea is that the national level will be responsible for the administrative
functioning of the police force, whereas the local levels will continue to have
full control on the deployment and the implementation of the police force. Yet,
critics of the new police act believe that this will constitute too much of a topdown approach. The coming months will give more clarity on the exact
consequences of the new police act.
276
277
Bestuursakkoord 2011-2015,
http://www.vng.nl/Documenten/actueel/beleidsvelden/bestuur/2011/20111018_bestuursafspraken.pdf
658
Central level
• Legislative power in all fields rests with the government and the StatesGeneral (Senate and Parliament) which jointly establish legislation.
• Administrative power rests with the central government, insofar as it is
not exercised by the provincial and municipal authorities, which thus
complement the work of the national level.
• The provinces and municipalities may issue provincial and municipal
regulations, as long as they are in compliance with national law.
Regional level
Responsibilities exercised by the Provinces
• Spatial-planning, urban development: the Provincial Assemblies draw up
guideline plans for spatial development; the Provincial Executive Council
is responsible for endorsing land-use plans.
• Housing: the provinces are responsible for allocating quotas with regard
to social housing and they decide on the grants awarded to the
municipalities.
• Culture and recreation: the provinces are responsible for the promotion of
tourism and culture.
• Transport: the provinces are responsible for the development and
maintenance of provincial roads.
• The environment: the provinces draw up and implement environmental
protection plans.
• Employment: the provinces establish investment banks and are
responsible for cooperation between the public authorities and business.
Local level
Responsibilities of the municipalities
• Spatial planning and urban development: the municipalities draw up landuse plans for land within the municipalities and give planning permission.
• Housing: the municipalities build and manage social housing and manage
land belonging to the community.
• Public order and safety: the mayors are responsible for public order in the
municipalities and have a close working relationship with the police
forces.
659
• Culture and recreation: the municipalities take part in the promotion of
tourism and maintain cultural facilities.
• Public works, transport: development and maintenance of municipal
streets and roads, traffic and parking regulations, provision of public
transport and school buses.
• Public health: each municipality has a public health and hygiene
department and the municipalities are also responsible for the vaccination
of children.
• Education: the municipalities manage public primary schools and
subsidise all the expenses of private primary schools in their areas.
• Employment: the municipalities are responsible for reintegrating
unemployed people back into the labour market and provide for training.
• Welfare: the municipalities are responsible for social welfare and
measures to help the unemployed, people with disabilities and the elderly.
• Young people: the municipalities establish offices offering support to
children and young people, and are responsible for the planning of
institutions and programmes providing such support.
Representation: In order to facilitate dialogues between the different levels,
Provinces and Municipalities have united in two associations. Provinces
organise in the Inter-Provinciaal Overleg Interprovinciaal Overleg (IPO) and
municipalities organise in the Vereniging van Nederlandse Gemeenten
Vereniging Van Nederlandse Gemeenten (VNG) which represent each layer in
direct dialogues with the government.
Information: The national government, the Interprovinciaal Overleg (IPO) and
the Vereniging Van Nederlandse Gemeenten (VNG) have agreed on a Code on
Inter-administrational Relations. It states that local and regional authorities will
be informed in a timely and appropriate manner about the planning and the
decision-making process on issues that directly affect them.278
Consultation: The Code on Inter-administrational Relations specifies the
relationship between the different administrational levels. It contains a checklist
on how to involve and consult the Vereniging Van Nederlandse Gemeenten
(VNG) and the Interprovinciaal Overleg (IPO) on policy-making and the
formulation of laws. Additionally, the Vereniging Van Nederlandse Gemeenten
(VNG) and the Interprovinciaal Overleg (IPO) are represented at the national
level in the interdepartmental working groups on various policy domains on
278
Code Interbestuurlijke Verhoudingen, 2005, p.42,
http://www.vng.nl/Documenten/Extranet/Bjz/Bb/civBZKNedcompleet.pdf
660
European issues and the ‘Working Group for the Assessment of New
Commission Proposals’ (Werkgroep Beoordeling Nieuwe Commissievoorstellen
– BNC)279.
Furthermore, twice a year, the Prime Minister and the presidents of the
Interprovinciaal Overleg (IPO) and the Vereniging Van Nederlandse Gemeenten
(VNG) meet to keep track of the common agenda in the so called “three-tier
conference”.280
Coordination: Apart from the constitution, the Law on Municipalities and the
General Law on Administration provide the legal framework for the operation
and relation between various layers of government. In accordance with the
Dutch constitution, the national government can at any given time demand
compliance with national laws. If the government considers a local or regional
decree to be in violation of national law or damaging to the public interest, it
may, under Article 268 of the Law on Municipalities and 10:34 from the
General Law on Administration, cancel such decree. It is also possible for a
mayor to request for the cancellation of such decree (based on article 273 Law
on Municipalities). Nevertheless, this form of intervention from the national
authority at local and regional levels has become increasingly infrequent over
the past decades. In addition, the national government, as stated in Article
124(2) of the constitution, can demand the cooperation of the local and regional
authorities in implementing national policies.
Yet, in addition to these centralising tendencies, every national government
makes an Administration Agreement with the local and regional authorities.
This agreement establishes the policy divisions between the levels for the
upcoming four years. It is a principle agreement which is not legally binding and
mostly outlines the broad strategic goals for the coming years. The Vereniging
Van Nederlandse Gemeenten (VNG) and the Interprovinciaal Overleg (IPO)
respectively represent the municipalities and the provinces in these negotiations.
For the agreement to be valid each representative has to agree with the text.
These negotiations do not always goes smoothly as a decentralisation of tasks
also embraces government spending cuts, meaning that the regional and local
authorities have less financial resources at their disposal compared to the
national government had in the previous years. In the latest administration
agreement of 2011, it was agreed that more tasks from the central government
will be delegated to the local and regional governments. These include youth,
spatial planning, environment, economy and social support. It can therefore be
279
EIPA & EUKN Nicis Institute, Study: The Institutional Impacts of EU Legislation on Local and Regional
Governments: A Case Study of the 1999/31/EC Landfill Waste and 2004/18/EC Public Procurement Directives,
2009.
280
661
expected that in the coming years a decentralisation of policy fields will take
place.281 282
The Interprovinciaal Overleg (IPO) and the Vereniging Van Nederlandse
Gemeenten (VNG) provide together for the secretariat of the Dutch delegation
to the Committee of the Regions. The Interprovinciaal Overleg (IPO) suggests
six members and six alternate members; all 12 provinces are represented and
provide six delegates and six substitutes to the body. The Vereniging Van
Nederlandse Gemeenten (VNG) represents the municipalities at European and
international level. In the Committee of the Regions, the Vereniging Van
Nederlandse Gemeenten (VNG) provides for six delegates and six substitutes.
The central government represents the Netherlands on all policy issues in the
Council. It is only accountable to the States-General.
In 2000, the 12 provinces and the Interprovinciaal Overleg (IPO) have
established in Brussels the “Huis van de Nederlandse Provincies” (House of the
Dutch Provinces). Its purpose is to track relevant European policy dossiers, raise
awareness and represent regional interests. The Vereniging Van Nederlandse
Gemeenten (VNG) has an office in Brussels since 1994. Its present office is
located in the European House of Cities, Municipalities and Regions. The G-4
(the four biggest Dutch cities which are Amsterdam, Rotterdam, The Hague and
Utrecht) opened its own representation in Brussels in 2003.
The Vereniging Van Nederlandse Gemeenten (VNG) participates in the Council
of European Municipalities and Regions (CEMR), United Cities and Local
Government (UCLG) (the European section of which is CEMR), the Council of
Europe's Congress of Local and Regional Authorities (CLRAE). The
Interprovinciaal Overleg (IPO) participates in the CEMR.
281
Bestuursakkoord 2011-2015,
http://www.vng.nl/Documenten/actueel/beleidsvelden/bestuur/2011/20111018_bestuursafspraken.pdf
282
2009.
662
19.3 Subsidiarity
Every year the Dutch House of Representatives, through the EU Affairs
Committee (EAC) chooses a number of proposals which are then subjected to
the subsidiarity and proportionality check.283
The Subsidiarity Check Committee (SCC) will then be in charge of conducting
a subsidiarity check and drafting a letter with the support of the relevant House
of Representatives committee. This is then submitted to a plenary meeting of the
Dutch House of Representatives. The House of Representatives will forward its
opinion to the European Commission.284 285
The Senate – the committee involved in the subsidiarity check – will have a
meeting on the proposal, on which comments may be submitted. The Senate can
decide to submit a letter to the European Commission.286
If the two chambers agree, a joint letter to the European Commission may be
sent.287
The Vereniging Van Nederlandse Gemeenten (VNG) and the Interprovinciaal
Overleg (IPO) are involved in an early stage regarding European decisionmaking involving a subsidiarity check with their presence in the Working Group
for the Assessment of New Commission Proposals (BNC). They are consulted
on the financial and administrative consequences of new European legislation.
As such, they are a member of the various European governmental discussion
forums which assess new commission proposals and European policies. 288
Furthermore, they are informally consulted by the House of Representatives
regarding subsidiarity issues. The Interprovinciaal Overleg (IPO) is a member
of the CoR's Subsidiarity Monitoring Network.
283
2009.
284
EIPA, Report: The Potential of the Lisbon Treaty: A challenge for the Netherlands and its provinces &
municipalities, 2010.
285
Tweede Kamer, 2010, Europese besluitvorming in de Tweede Kamer,
http://www.tweedekamer.nl/images/Brochure_Europese_besluitvorming_118-180343.pdf
286
by EIPA, 2011. Not yet published.
287
Idem.
288
2009.
663
19.4 Bibliography
Constitution
Constitution of the Netherlands
Legislation
Bestuursakkoord 2011-2015
Code Interbestuurlijke Verhoudingen, 2005
Gemeentewet
Provinciewet
Websites
Huis van de Nederlandse Provincies
Tweede Kamer, 2010, Europese besluitvorming in de Tweede Kamer
VNG
Publications
Dexia Ed., La Défense, 2008
EIPA & EUKN Nicis Institute, Study: The Institutional Impacts of EU
Legislation on Local and Regional Governments: A Case Study of the
1999/31/EC Landfill Waste and 2004/18/EC Public Procurement Directives,
2009
EIPA, Report: The Potential of the Lisbon Treaty: A challenge for the
Netherlands and its provinces & municipalities, 2010
Hooghe, L., Marks, G., H. Schakel, A., The Rise of Regional Authority: A
Comparative Study of 42 Democracies, Routledge, London, 2010.
Committee of the Regions, drafted by EIPA, 2011. Not published yet.
664
665
the CoR
a. Transport policy
National Government
•
•
•
•
Overall responsibility for policy-making in the field of transport;
Traffic and road transport;
Railways and infrastructure;
Since 2009, the national level only deals with air transportation and the
allocation of airport areas. The regulation on airports (e.g. on safety and
noise) is delegated to the provinces;
• Maritime transport and infrastructure;
• Inland water transport and infrastructure.
Regional level – Provinces
•
•
•
•
Regional traffic, railways and infrastructure.
Public transportation.
Construction and maintenance of provincial roads.
Since 2009, provinces have become responsible for airports on issues
such as safety and noise.
Local level – Municipalities
•
•
•
•
•
•
•
Construction and maintenance of local roads and bicycle lanes.
Local public transport.
Determining urban areas.
Urban planning.
Handing out drivers licences.
Local traffic plans.
Maritime transport.
666
• Parking arrangements
• Placement of traffic signs and traffic lights.
Sources
Scheepvaartverkeerswet
Spoorwegenwet
Wegenverkeerswet
Wegenwet
Wet Luchtvaart
Wet personenvervoer 2000
667
National Government
• General responsibility for policy and decision-making with the Ministry
of Social Affairs and Employment.
• Creation of the general framework for the development of employment.
• Ensure optimal conditions for access to and participation in the labour
market.
• Public employment services, under the joint responsibility of employees'
and employers' organisations.
• Labour conditions.
• Collective Labour Contract.
• Training and re-training.
• Minimum wage and vacation benefits.
• Pension law.
• Labour law.
• Stimulating entrepreneurship.
• Ensuring solidarity and equal rights and opportunities.
• Unemployment insurance (Ministry for Social Affairs and Employment;
National Institute for Social Insurance and private implementing bodies).
• Functional regional boards for employment services, with municipal,
employees' and employers membership.
• Establishing investment bank.
• Providing for branding of the region to attract businesses.
• Occasionally presenting at foreign trading missions.
668
• Municipal administration of social assistance and local employment
schemes. The local level authorities’ own schemes for integrating those
on benefits into the labour market.
• Training and re-training.
• Ensuring optimal conditions for access to and participation in the labour
market.
Sources
Algemene Ouderdomswet
Arbeidsomstandighedenwet
Arbeidswet 2000 BES
CAO
Rijksoverheid
Rijksoverheid
UWV
Werkeloosheidswet
Wet minimumloon en minimumvakantiebijslag
Wet werk en bijstand
669
c. Social policy
National Government
Social assistance
• Social welfare.
• Decision-making by the Ministry of Social Affairs and Employment.
Family policy
• Decision-making by the Ministry of Social Affairs and Employment and
Ministry of Public Health Care, Welfare and Sports.
• Funding of child-care provided by municipalities.
Social Security:
• Legislation.
• Regulation of financial aspects.
Family policy
• Financing youth organisations.
Social assistance
• Social welfare.
• Welfare payments.
• Administration of the social services.
Family policy
• Care for the elderly
670
•
•
•
•
Child care.
Youth assistance.
Registration marriage, partnership or birth.
Social integration of people with disabilities.
Sources
Burgerlijk Wetboek Boek 1
Gezondheidswet
Huisvestingswet
Wet kinderopvang en kwaliteitseisen peuterspeelzalen
Wet kinderopvang en kwaliteitseisen peuterspeelzalen
Wet Maatschappelijke Ondersteuning
Wet op de jeugdzorg
671
d. Education policy
National Government
• Governmental policy limited to public schools, principle of nonintervention in church-based education (separate, school administration
for church-affiliated schools) which is entrenched in Article 23 of the
Dutch Constitution.
• Predominant level for policy formulation and setting policy guidelines
(Ministry of Education, Culture and Science).
• Determination of policy guidelines and legal framework for primary and
secondary education (e.g. types of secondary education, obligatory and
non obligatory courses, etc.).
• Limited influence on policy shaping.
• Providing for a regional plan for possible cooperation between secondary
education schools.
Local Level – Municipalities
Municipalities establish and maintain public schools in public and secondary
education.
Sources
Wet op het primair onderwijs
Wet op het voortgezet onderwijs
672
National Government
• Overall responsibility for the public-private education system, including
legislation and funding.
• Since 2010, a new agency (Dienst Uitvoering Onderwijs (DUO)) was
created that finances and informs participants in education and
educational institutions.
• Inspection and regulation of examination procedures.
• Coordination of local non-formal education.
• The provinces are involved in an advisory capacity in the general
coordination and the current reallocation of vocational training.
• General responsibility for education at the local level and for public
schools, especially with respect to the management of school buildings
and equipment.
• Organisation of programmes in training and adult education.
• Financing of regional vocational training centres.
• Basic education for adults.
• General secondary education for adults.
• Organisation of programmes in training and adult education.
Sources
Inspectie van het Onderwijs
Rijksoverheid
Wet educatie en beroepsonderwijs
673
f.
National Government
Youth Policy
• National government (Ministry for Well-being, Health and Sport) sets
policy guidelines of youth and sport policy.
• Legal framework.
Sport Policy
• National government (Ministry for Well-being, Health and Sport) sets
policy guidelines of youth and sport policy.
• Legal framework.
Youth Policy
• Implementation of Youth policy programmes, level of responsibility
(provinces or municipalities) varies according to programme.
• Youth protection (scheduled to be transferred to the municipalities by
2015).
• Phoneline for children to discuss problems or just to have a conversation
(scheduled to be transferred to the municipalities by 2015).
• Hotline for child abuse (scheduled to be transferred to the municipalities
by 2015).
• Youth probation (scheduled to be transferred to the municipalities by
2015).
• Youth Care (i.e. care for the mentally handicapped youth, closed youth
care, preventive youth care and mental care for young people) (scheduled
to be transferred to the municipalities by 2015).
Sport Policy
• Providing for subsidies.
674
Youth Policy
• Defining, implementing and funding youth policy programmes; level of
responsibility (provinces or municipalities) varies according to
programme.
• Every municipality is required since 2011 to have a centre for youth and
families, which gives advice on parenting and child development.
• Providing for youth welfare services.
• The current government has decided to transfer all competences for youth,
such as youth protection, youth probation and Youth Care (i.e. Care for
the mentally handicapped youth, closed youth care, preventive youth care
and mental care for young people) from the provincial level to the
municipal level. Negotiations are currently underway between the IPO
(Interprovinciaal Overleg) and the VNG (Vereniging Van Nederlandse
Gemeenten). The goal is set to have a full transfer of the competences by
2015.
Sport Policy
• Establishing and facilitating local sport policy.
• Providing for subsidies.
Sources
Bestuursakkoord 2011-2015, pp. 32-37
Centrum voor jeugd en gezin
Country sheet on youth policy: Netherlands
Sport
675
g. Culture policy
National Government
• Setting of general policy objectives for the policy field of Culture.
• Provision of legal framework.
• Arts centres, national museums and monuments are established by the
national level.
• Competency for setting the policy framework for the protection of the
national cultural heritage, policy formulation in the area of the protection
of the national heritage dominated by the national government.
• Provide financial support for cultural activities under supervision of
national government (financial reporting).
• Provinces received limited policy-making power (coordination,
stimulation of cultural supply).
• Provincial museums.
• Provinces fulfil supervisory tasks with respect to policy implementation
by the municipalities. Cultural policy only belongs to the core tasks of the
province if it exceeds local interests.
• Provinces take part in policy on the protection of cultural heritage within
the framework set by the national government.
• The province of Fryslân has special arrangements for the Frisian
language.
• Providing financial support for cultural activities under supervision of
national government (financial reporting); political role of the
municipalities rather limited.
• Policy implementation under supervision of the provinces and the national
level.
• Responsibility for maintaining cultural facilities (museums, etc.).
676
• Giving advice to the minister on adding monuments to the national
monument list. Assisting in the local implementation.
Sources
Bestuursakkoord 2011-2015, p. 4
Monumentenwet 1988
Wet gebruik Friese taal in het rechtsverkeer
677
National Government
• Policy framework, legislation and regulations on specific aspects of
Public Health provided by the national level.
• Health inspection.
• Financial resources for health care facilities are provided by the national
government.
• Health insurance.
• Limited scope for setting own priorities in the implementation of Public
Health Policy.
• Supervisory role concerning availability, distribution and planning of
medical facilities (e.g. hospitals).
• Advisory function for setting priorities for public health planning.
• Preparation of regional public health plans on public health, involving the
local health care institutions and municipalities.
• Monitoring and implementing national Health Policy.
• Licensing of ambulance service.
• Implementation of Public Health education, provision of public health
education services.
• Social and preventive health care on the local level (municipal medical
services).
• Youth health care.
• Elderly health care.
• Participation in regional overviews.
• Municipal role in public health is of great importance for the citizens, but
closely linked to national policy-making.
• Minor financial contribution to public health financing by the Municipal
Fund.
• Licensing of ambulance service.
678
• Locating GSM/UMTS base stations.
Sources
Inspectie voor de Gezondheidszorg
Ministerie van Volksgezondheid, Welzijn en Sport
Wet ambulancevervoer
Wet publieke gezondheid
679
i.
National Government
• Planning, construction and maintenance of major transport infrastructure.
• Main road network (motorways) and railways under national authority.
• Provincial roads.
• Own tax base for road construction.
• However, provincial roads are normally not covered by TEN.
• Local roads (normally not covered by TEN).
Sources
IPO (Interprovinciaal Overleg), Witboek Stappenplan voor interne Europese
Vervoersruimte
680
j.
National Government
The government, the IPO (Interprovinciaal Overleg) and the VNG (Vereniging
van Nederlandse Gemeenten) launched in June 2010 a joint position paper
analysing the future of the European Cohesion policy, which aims at
contributing to and providing input into the fifth cohesion report. Key areas
identified were: connection between cohesion policy and Europe2020,
simplification of European legislation and audit practices, a more integrated
approach to EU programmes, continued focus on the European territorial
cooperation, and better governance.
• Development of regional policy programmes, setting of policy guidelines
and provision of the legislative framework.
• Policy formulation and administration of the participation in the EU
programmes.
Spatial planning
• Regulation of legal framework for spatial planning.
• Setting overall framework for spatial planning of the whole country in
various policy fields.
• Coordination of spatial planning issues between municipalities, provinces
and the national government (formal and informal).
•
•
•
•
•
Responsibility for general employment and labour market policy.
Setting of legal framework for economic development and employment.
Assure optimal conditions for the access to the labour market.
Administration of labour market services, training and retraining.
Regulation and administration of unemployment benefits.
681
• Wide-ranging autonomy in the detailed planning of Regional and
Structural Policy.
• Implementation of Regional and Structural Policy with considerable
regional decision-making powers.
Spatial planning
• Responsibility for regional plans.
• Regional plans are developed for areas larger than the municipalities.
• Underlying approach, that larger entities are more suitable for spatial
planning issues (e.g. infrastructure projects).
• Running of regional employment services.
• Implementation of the national regional policy programmes.
• Comparatively large autonomy in the detailed planning and
implementation of Regional and Structural Policy in cooperation with the
provinces.
Spatial planning
• Local spatial planning, large autonomy of the municipalities in spatial
planning matters.
• Municipal planning shall reflect the overall planning objectives set by the
higher levels.
682
• Devolved tasks of the administration of unemployment benefits and
public assistance.
• Running of employment services.
Sources
Agentschap SZW
The future of cohesion policy - key issues: Contribution by the Netherlands
683
National Government
• Overall responsibility with the Ministry of Infrastructure and the
Environment;
• Coordination and funding of environmental policy;
• Major national concerns:
Acidification
Climate change
Eutrophication
Dispersion of toxic substances
Waste disposal
Groundwater depletion
Squandering of resources
• National telephone number on animal abuse.
• Emission authority.
• Spatial planning at municipal level (structure vision);
• Establishes regional legislation on environmental protection on at least
groundwater protection and noise nuisances;
• Environmental policy implementation;
• Major regional concerns:
Acidification
Eutrophication
Dispersion of toxic substances
Waste disposal
Water collection
Energy saving.
• Protection and cleaning of the soil;
• Partial control over water supply. Under the new Water law of 2009, part
of the province’s tasks was allocated to the Water Boards;
• Supervision of the works of constituent municipalities;
• Environmental Police;
• Granting (environmental) permits has since 2010 been carried out jointly
with the Water Board and the municipalities.
684
• Spatial planning at municipal level (structure vision and allocation plans);
• Environmental policy implementation;
• Major local concerns:
Acidification
Waste disposal
Local nuisances
Energy saving
• Sewerage;
• Waste management;
• Recycling;
• Enforcement measures;
• Environmental Police;
• Rejecting access for polluting companies;
• Granting (environmental) permits has since 2010 been carried out jointly
with the Water Board and the municipalities.
• Punishment and prevention of pollution;
• Transportation of dangerous substances;
• Protection and cleaning of the soil.
Sources
Convenant Bodemontwikkelingsbeleid en aanpak spoedlocaties
Gemeentewet
Handhaving milieuregels
Rijksoverheid
Waterwet
Wet algemene bepalingen omgevingsrecht
Wet Bodembescherming
Wet Milieubeheer
Wet ruimtelijke ordening
Wet ruimtelijke ordening
Wet vervoer gevaarlijke stoffen
685
l.
Energy policy
National Government
• General energy targets (CO2 reduction strategy) and policies.
• Nuclear energy.
• Coordinating role on energy production for windmill parks above
100MW.
• Subsidies for alternative energy sources.
• Having relatively extensive competences.
• Installing or expanding energy production installations between 5MW and
100MW.
• Provinces and municipalities are not permitted to restrict the generation,
transport and delivery of energy.
• Subsidies for alternative energy sources
• Determining the policy regarding public illumination..
• Responsible for the maintenance of the electricity cables.
• Provinces and municipalities are not permitted to restrict the generation,
transport and delivery of energy.
• Subsidies for alternative energy sources.
Sources
Electriciteitswet 1998
IPO (Interprovinciaal Overleg)
Rijksoverheid
VNG (Vereniging Van Nederlandse Gemeenten), Beleid openbare verlichting
2011 – 2020: Gemeente Uithoorn
686
LRAs
National Government
• Overall legislation (in accordance with EU law).
• A national taskforce on multifunctional agriculture was established which
identified six tasks for agricultural businesses in addition to their usual
business:
o
o
o
o
o
o
Selling of local products
Health care
Child care
Recreation
Nature education
Nature and management of rural areas
• Participation in European rural area projects.
• Part of regional spatial planning.
• Allocating agricultural areas with spatial planning.
• Establishing local policies for multifunctional agriculture.
Sources
IPO, Landelijk gebied (Interprovinciaal Overleg)
Rijksoverheid, Multifunctionele landbouw
687
b. Fisheries policy
National Government
• Overall legislation (in accordance with the principles and rules of the
common fisheries policy and international obligations).
• Disease prevention.
• Issuing of permits.
---Local Level – Municipalities
---Sources
Rijksoverheid
Sport Visserij Nederland
Visserijwet
688
National Government
•
•
•
•
•
Overall legislation and policies.
Criteria for citizenship.
Establishing a Central Organ for Asylum seekers (COA).
Determining housing facilities for asylum seekers.
Integration agenda between the national government and the
municipalities.
• Providing for means for municipalities to implement the integration
policies.
---Local Level – Municipalities
•
•
•
•
Implementation of national policies.
Providing information.
Organising language and integration courses.
Integration agenda between the national government and the
municipalities.
• Welcome ceremony for new Dutch nationals.
• Providing housing for asylum seekers that have been granted permission
to reside in the Netherlands.
Sources
Centraal Orgaan opvang Asielzoekers (COA)
Rijksoverheid, Datgene wat ons bindt: gemeenschappelijke integratieagenda van
rijk en gemeenten
Rijksoverheid, Integratie
689
d. Tourism policy
National Government
• Providing a supporting role for the regional and local administrations.
• General promotion of the Netherlands as a tourist destination.
• Overall coordination with the municipalities.
• Promotion of the region.
• Environmental and recreational planning.
• Municipalities determine their own tourism strategies and policies.
• Can levy taxes on tourists.
• Development of recreational areas
Sources
IPO, Economie (Interprovinciaal Overleg)
Rijksoverheid, Rol provincies en gemeenten
Rijksoverheid, Versterken touristische sector
690
National Government
• Identify crucial infrastructures that need police protection.
• The national government appoints the head of the regional police corps
upon the recommendation of the regional college of mayors.
• The corps national police services provides for national and specialist
tasks in collaboration with the regional police corps and the military
police (Marechaussee).
o Special intervention service
o National police intelligence service
o National crime squad (investigates organised and serious crimes
across regions)
o Highway patrol
o Railway police
o Water police
o Aviation police
o Mounted Police and Police Dogs Service
o Operational Support and Coordination Service
o Royal and Diplomatic Protection Service
• If there are disturbances across multiple municipalities, the Queen’s
Commissioner may give instructions to the mayor and assist in the
coordination of their actions.
• Providing assistance to the municipalities when big incidents take place.
• Mayor is responsible for public safety in the municipalities
• The police are structured in 25 regions (this is not provincial but a
grouping of municipalities). It is led be the regional college which is
691
composed of the mayors of the corresponding municipalities, the regional
police corps commander and the public prosecutor.
• The regional police corps is the main police body and they deal with all
issues of law enforcement in the municipalities/regions.
• Issuing of emergency ordinances.
• Disaster management.
Sources
KLPD, Organisatieonderdelen
Ministry of Security and Justice
Politiewet 1993
692
20. Poland
The Republic of Poland (Rzeczpospolita Polska) is a parliamentary
democracy under the 1997 Constitution. The Parliament is bicameral and is
composed of an upper house, the Senate (Senat), and a lower house, the Sejm.
None of the Chambers directly represent local and regional authorities. The
Head of State is the President of the Republic and the Government is led by the
Prime Minister.
Poland is a unitary State organised on a decentralised basis. The
decentralisation process started in the early 1990s and took place thanks to
various reforms. In 1989, Municipalities were introduced. Then, two other levels
of self-government – at the County and regional levels – were introduced by a
reform of 1998.
The Republic of Poland comprises 16 Regions or Voivodships
(Województwo), 379 Counties (poviat) and 2479 Municipalities (gmina). In
total 65 counties out of 379 are urban Municipalities with special status of a
"city with county (poviat) rights": their City Councils are responsible for both
municipal and County competences and their Prezydents exercise the
responsibilities of the Mayor and Starosta (chairman of the county institutions).
Warsaw has a special status regulated in a specific act (Ustawa z dnia 15 marca
2002 r. o ustroju miasta stołecznego Warszawy); it is also a city with poviat
rights and is divided into 18 Districts.
The Constitution stipulates that the Municipality is the basic unit of local selfgovernment.
In addition, there is also a level of deconcentrated administration (State
administration) based on the Regions and chaired by a Governor
(Wojewoda). The latter is a representative of the Government; (s)he is appointed
by the Prime Minister after the presentation of the candidatures by the Minister
of the Interior and Administration. Its duties include the supervision of the
Government administration in Regions and Counties (police, social care,
inspections of environment protection and guards) and the supervision of local
self-government units with regard to compliance with the law. The Governor
also appoints or approves Commanders-in-Chief and Heads of Inspection.
The principle of decentralisation is enshrined in the Constitution (Art. 15).
Moreover, the Constitution describes the principles underlying local government
(Art. 163-172): local self-government units possess legal personality and have
property rights. They may associate themselves in order to fulfil tasks of
693
common interest. Local government units have legislative powers for areas of
local interest (Art. 94). The residual competences lay in the Municipalities (in
other words it performs all tasks of local government not reserved to other units
of local government.). The Prime Minister exercises supervision over local
government units (Art. 148).
Besides the Constitution of 1997, various acts give set out the territorial
organisation and division of powers:
-
The 1990 Act on Municipalities,
The 1998 Act on the three-tier division of the country289,
The 1998 Act on the Regions290,
The 1998 Act on the governmental administration of the Regions291,
The 1998 Act on the Counties292, and
The 2003 Act on Local Government Revenue.
Pursuant to the Act on Local Government Revenue, sub-national governments
benefit from three sources of revenue: own revenue, general subsidies and
grants from the national budget. In 2005, sub-national governments’ revenue
were derived from taxation (own-source and shared), grants and other sources.
The Municipalities’ revenue consisted of 19.4% of autonomous taxation, 20.7%
of shared tax, 43.6% of grants and 16.3% of others. The Counties’ revenue was
composed of about 13.8% of shared tax, 70.8% of grants and 15.4% of others.
The Regions’ revenue was composed of about 55.7% of shared tax, 35.1% of
grants and 9.2% of others. 293
There are different issues which are currently under discussion and which
could have an impact on the territorial organisation and division of powers.
A ‘Green Paper’ on the review of the division of powers is being prepared294.
Moreover, a reassessment of the territorial organisation is ongoing: the Joint
Committee of the Central Government and Local/Regional Government’s 295
experts are discussing issues concerning local government units’ competences
and role; nevertheless, the results of these discussions have not yet been
published. Finally, caps for public debts in local and regional authorities may be
introduced.
289
Act on the three-tier division of the country (Dz. U. z 1998r. Nr 96, poz. 603 u Nr 104, poz. 656)
Act on the regions (Dz. U. z 1998r. Nr 91, poz. 576)
291
Act on the governmental administration of the regions (Dz. U. z 1998r. Nr 91, poz. 577)
292
Act on the counties (Dz. U. z 1998r. Nr 91, poz. 578)
293
Union – Organisation, responsibilities and finance, Dexia Ed., La Défense, 2008, p. 506.
294
Samorzadowy portal, Trzeba przeglądu funkcji i zadań samorządów, 14.03.2012
295
Forum where all the national associations of LRAs negotiate with the central Government and present their
opinions on draft legislation
290
694
National level
•
•
•
•
•
•
•
•
•
•
•
Foreign policy;
Defence and security;
Management of the national budget;
Money;
Justice;
National public transport;
National roads;
Some cultural institutions;
Enforcement of EU law;
Education; and
Statistical office.
Regional level
Regional authorities are responsible for:296
Administrative powers in the field of:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
296
Economic development;
Employment and labour market policy (fight against unemployment);
Protection of employees claims in case of employer insolvency;
Transport (regional roads management and transport management);
Telecommunications;
Health (health promotion, specialised health services, medical emergency
and ambulance services);
Regional cultural institutions;
Planning (spatial development; water management, land amelioration;
maintenance of hydro-installations);
Rural areas modernisation;
Education (running post-secondary schools, some secondary schools and
vocational schools, teacher training colleges, voivodeship libraries;
initiating the establishment and financing of higher education);
Social welfare;
Sports and tourism;
Consumer rights protection;
Defence;
Act on the regions (Dz. U. z 1998r. Nr 91, poz. 576)
695
• Maintenance of public order;
• Environmental protection; and
• Pro-familial policy (including family support and foster care system).
Intermediate level
County authorities are responsible for:297
Responsible for local issues which cannot be granted to the Municipalities, in
particular:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
297
Sports and tourism;
Geodesy and cartography;
Real estate management, architecture and buildings administration;
Water resources management;
Agriculture, forestry and inland fisheries;
Cooperation with NGOs;
Education (secondary education, i.e. post-elementary schools, vocational
and special schools);
Environmental protection;
Health (general responsibility for the operation of the public health
service institutions);
Consumer protection;
Social welfare (services that extend beyond the gminas’ boundaries;
support to the disabled; maintenance of poviat facilities and public
utilities);
Child protection (running tutelary and educational facilities, including
orphanages);
Employment (poviat labour office; fight against unemployment);
Transport (road building and maintenance at the poviat level);
Telecommunications;
Defence;
Civil protection;
Flood protection;
Fire protection;
Maintenance of public order and collective security; and
Support to cultural institutions (culture and monuments).
Act on the counties (Dz. U. z 1998r. Nr 91, poz. 578)
696
Local level
Local authorities are responsible for:298 299
• Spatial planning (local planning; water and supply sewage treatment;
maintenance of landfills);
• Real estate management;
• Public areas (including cemeteries);
• Transport (local roads; local public transport);
• Telecommunications;
• Environment (protection; zoning and local environmental protection);
• Electricity, gas and heat supply;
• Health (Primary healthcare services);
• Social welfare;
• Family support and foster care system;
• Maintenance of gmina buildings and public facilities;
• Market places;
• Housing;
• Culture (promotion, management of municipal libraries and other cultural
institutions, monument protection);
• Sports (promotion); and
• Education (kindergartens; elementary education).
Representation: Different organisations represent local and regional interests
before the central authorities:
-
The Union of the Voivodeships of the Republic of Poland (URVP);
The Association of Polish Counties (APC);
The Association of Polish Cities;
The Union of Polish Metropolises;
The Union of Polish Towns; and
The Union of Rural Communes of the Republic of Poland.
Convent of Marshals of the Republic of Poland (Konwent Marszałków) is an
advisory body representing interests of all 16 Polish Regions (Voivodships).
298
299
Assembly of the European Regions, Regionalism Report on Poland, 2010.
Act on the Local Government, Dz. U. 2001, nr 142, poz. 1591.
697
The Convent publishes positions of the Marshals on particular issues concerning
Regions and regional policy300.
provided to Local and Regional Authorities (LRAs) to the extent that
information is published on the Parliament’s website. Furthermore, the
Government Centre for Legislation publishes on its webpage draft legislative
acts and regulations as well as their amendments. Finally, some Ministries
(Administration and Digitalisation; Economy; Regional development etc.)
individually publish information concerning consultations.
Parliamentary consultation: The rules of procedures of both assemblies foresee
the consultation of LRAs during the legislative process. The Association of
Polish Counties actively participates in the legislative process in both chambers
of the Parliament, especially in standing and extraordinary committees.
The Sejm sends all its draft legislative acts to the Association of Polish Cities,
which is invited to participate in the meetings of different parliamentary
committees, in particular in the Committee of Local Government and Regional
Policy.
In the same way, as member of the Committee of Local Government and
Regional Policy, the Association of Polish Counties expresses its views and
comments on draft legislations.
As regards the Senate, the Committee of Local Government and Public
Administration invites the associations of LRAs.301
Governmental consultation: The Joint Committee of the Central Government
and Local/Regional Government (Komisja Wspólna Rządu i Samorządu
Terytorialnego - KWRiST), set up in 1992, is a forum where all the national
associations of LRAs negotiate with the central Government and present their
opinions on draft legislation. 302 It comprises 12 members from central
Government and 12 members from local government units including
representatives from the associations of LRAs. KWRiST develops policies and
regulations and conducts consultations through seven working groups 303 . In
addition, within the frame of the European Funds system, the Association of
300
Dagmir Długosz, Konieczna kohabitacja? Polski samorzad terytorialny w mechanizmie polityki publicznej,
Instytut Spaw Publicznych, Analizy i Opinie Nr 69, January 2007.
301
States’, 2007, p. 168.
302
Ibid.
303
Namely in the field of European policies, public finances system, education, culture and sports, health and
social policy, infrastructure, regional development and the environment, public administration and security, rural
areas, countryside and agriculture, public statistics, information society, constitutional matters, local
government’s capacities and local government revenues
698
Polish Counties has representatives in the Steering and Monitoring Committees
of the Integrated Regional Operational Programmes and of every Sectoral
Operational Programmes in order to guarantee that the Counties’ views are
taken into consideration.
Coordination:
Horizontal coordination: LRAs’ activities are under the supervision of the State
authorities (Prime Minister, Governors (Wojewodowie) and Regional Audit
Chambers (Regionalne Izby Obrachunkowe) when it comes to financial
supervision) with regard to their legality. Regional Governors constitute an
important link between the central and regional levels of governance. Moreover,
they cooperate with the Districts in the field of public order and security. 304
Vertical coordination: Regions cooperate by way of bilateral and multilateral
agreements on topics of common interest 305 . Furthermore, the different
associations of LRAs act as platforms where LRAs are able to exchange
information and discuss matters of common interest.
In addition and in accordance with the National Regional Development Strategy
for 2010-2020306, the Regions and the central Government will be concluding
‘territorial contracts’ for a term of three years. Their objective will be to create
synergies between all the instruments of regional policy having a territorial
dimension and they will constitute the main basis for the funding of regional
policy.
The Polish CoR delegation comprises ten members from the Regions, three
members from the Counties and eight members from the Municipalities.
All the Polish Regions have their liaison offices in Brussels, namely:
Lubelskie, Łódzkie, Małopolskie, Mazovia, Opole, Pomorskie, Śląskie, Warmia
Mazury,
Wielkopolska Lower
Silesia,
Kujawsko-Pomorskie,
Zachodniopomorskie, Podlaskie, Lubuskie, Podkarpackie and Świętokrzyskie307.
In addition, one city- Łódź has its own liaison office 308.
304
Act on the governmental administration of the regions (Dz. U. z 1998r. Nr 91, poz. 577)
306
National Strategy of Regional Development 2010-2020: Regions, Cities, Rural areas, adopted by the Council
of Ministers on 13.07.2010.
307
Permanent Representation of the Republic of Poland to the European Union in Brussels, Polish regional
offices in Brussels.
308
Committee of the Regions, European Commission – DG Regional Policy, Regional offices contact directory
European Week of Regions and Cities, Brussels, 6 – 9 October 2008.
305
699
The Association of Polish Cities and the Association of Polish counties
cooperate with the Council of European Municipalities and Regions (CEMR).
In addition, Regions cooperate with the Assembly of European Regions (AER)
and the Baltic Sea States Sub-regional Co-operation (BSSSC). Some Polish
LRAs are members of the Congress of Local and Regional Authorities of
Europe (CLRAE) and the United Cities and Local Government association
(UCLG). A total of 11 Polish Municipalities are members of the Eurocities
network.
20.3 Subsidiarity
The Sejm and the Senat perform the subsidiarity scrutiny separately. Both of
them established procedures for monitoring EU draft legislative acts’
compliance with the subsidiarity principle whereby they entrust their respective
EU Affairs Committee of the scrutiny. They do not formally consult LRAs. 309
Local and regional consultative bodies may request to participate in the Sejm EU
Affairs Committee meetings as any other interested party. Moreover, they may
informally contact a member of the committee when they have subsidiarity
concerns.310
20.4 Bibliography
Legislation
Act on promotion of employment and labour market institutions.
Act on sports of 25.06.2010 (Dz. U. z 2010. Nr 127, poz. 857).
Act on the counties (Dz. U. z 1998r. Nr 91, poz. 578).
Act on the establishment of the Polish Agency of Enterprise Development (Dz.
U. z 2002 r. Nr 66 poz. 596).
Act on the governmental administration of the regions (Dz. U. z 1998r. Nr 91,
poz. 577).
Act on the regions (Dz. U. z 1998r. Nr 91, poz. 576).
Act on the three-tier division of the country (Dz. U. z 1998r. Nr 96, poz. 603 u
Nr 104, poz. 656).
Act of 28 July 2011 on legalisation of stay of some foreigners in the territory of
the Republic of Poland and on amendments to the Act on granting protection to
309
310
700
foreigners in the territory of the Republic of Poland and to the Act on
Foreigners.
Constitution of 2 April 1997 as published in Dziennik Ustaw No. 78, item 483.
Crisis Management Act of 26.04.2007.
Law on Inspection for Environmental Protection of 11 September 1991.
Ustawa z 27 kwietnia 2001 r. Prawo ochrony srodowiska (Dz. U. z 2008 r. Nr
25, poz. 150, z pozn. zm.) [Act of 27 April 2001 - Environmental Protection
Law].
Ustawa z dnia 13 czerwca 2003 r. o udzielaniu cudzoziemcom ochrony na
terytorium Rzeczypospolitej Polskiej (Dz. U. 2003 Nr 128 poz. 1176).
Ustawa z dnia 15 kwietnia 2011 r. o efektywnosci energetycznej (Dz. U. z 2011
r. nr 94 poz. 551)[Energy efficiency Act].
Ustawa z dnia 19 lutego 2004 r. o rybolowstwie (Dz. U. z 2004 r. Nr 62. poz.
574)[Law on Sea Fisheries of 19.02.2004].
Ustawa z dnia 29 sierpnia 1997 r. o uslugach turystycznych (Dz. U. of 2004, No.
223, item 2268, as amended) [Act on Tourist Services of 29 August 1997].
Ustawa z dnia13 czerwca 2003 r. o cudzoziemcach (Dz. U. 2003 Nr 128 poz.
1175).
Ustawa z dnia 10 kwietnia 1997 r. Prawo energetyczne (Dz. U. z 2006 r. Nr 89.
poz. 625) [Energy Act].
Ustawa z dnia 12 marca 2004 r. o pomocy spolecznej (Dz. U. z 2009r. Nr175,
poz. 1362) [Law of 12 March 2004 on Social Assistance].
Ustawa z dnia 27 marca 2003 r. o planowaniu i zagospodarowaniu
przestrzennym (Dz. U. z dnia 10 maja 2003 r.) [Spatial Planning and Spatial
Management Act].
Websites
Agency for Restructuring and Modernisation of Agriculture
Agricultural Property Agency, Territorial branches
Association of Polish Cities
Association of Polish Counties
General Director for National Roads and Motorways (GDDKiA)
General Director for National Roads and Motorways (GDDKiA), TransEuropean Network
Government Website
Ministry of Administration and Digitalisation
Ministry of Agriculture and Rural Development portal
Ministry of Culture and National Heritage
Ministry of Economy
Ministry of Labour and Social Policy
Ministry of Regional Development.
701
National Institute of Public Health
National Road Safety Council
Union of Polish Metropolises
Union of Rural Communes of the Republic of Poland
Union of the Voivodeships of the Republic of Poland
A collective work of Dexia Credit Local Research Department, Sub-national
finance, Dexia Ed., La Defense, 2008.
Committee of the Regions, European Commission – DG Regional
Policy, Regional offices contact directory, European Week of Regions and
Cities, Brussels, 6 – 9 October 2008.
youth policy in Poland, drafted by Ewa Krzaklewska.
Council of European Municipalities and Regions, Poland profile.
Dagmir Dlugosz, Konieczna kohabitacja? Polski samorzad terytorialny w
mechanizmie polityki publicznej, Instytut Spaw Publicznych, Analizy i Opinie
Nr 69, January 2007.
eHealth Strategies, Country Brief: Poland, drafted by Turowiec, A., Giest, S.,
Dumortier, J., and Artmann J., October 2010.
Enercee.net portal, Energy Country Profiles: Poland.
EQAVET portal , Poland, Introduction to the VET system in Poland.
European Commission, Humanitarian Aid and Civil Protection. Poland country
profile on civil protection.
Eurydice, National system overview on education systems in Europe/Poland,
European Commission, June 2011.
702
OECD, Report on ‘OECD Tourism Trends and Policies 2010’, 2010.
UN Food and Agriculture Organization, Fisheries and Aquaculture Department,
National Aquaculture Sector Overview/Poland, 2012.
World Health Organization, Environment and health performance review –
Poland, 2009.
703
the CoR
a. Transport policy
National level
•
•
•
•
•
Motorways and national roads;
Road transport;
Railway;
Air transport;
Maritime transport and inland navigation.
The National Road Safety Council is in charge of:
•
•
•
•
•
•
•
Recommendations for road safety improvement;
Road safety improvement action programmes;
Research;
Legislative initiative and opinion on road safety-related legal acts;
Cooperation with social organisations and NGOs;
Impact analysis.
The General Directorate for National Roads and Motorways (GDDKiA) has
responsibilities in the field of:
• Management of national roads;
• Implementation of the State budget;
• Implementation of the national transport policy with regard to the road
system;
• Collection of data and issuance of informative reports;
• Supervision of the road infrastructure preparation;
• International cooperation;
• Cooperation with local government units with regard to road
infrastructure expansion and maintenance;
• Preparation and coordination of toll motorway construction and/or
operation.
704
Regional level311
• Management of regional roads;
• Management of regional transport (including rail transport and purchase
of the rolling stock);
• Regional branches of the General Directorate for National Roads and
Motorways.
Intermediate level312
County authorities are responsible for:
• Poviat road building and maintenance
• Public transport in the poviat
Local level313
• Local roads;
• Local public transport.
• Local divisions of the General Directorate for National roads and
Motorways fulfil the national objectives and are subordinated to the
regional branches.
Sources
Ministry of transport, construction and maritime economy
National Road Safety Council
General Director for National Roads and Motorways (GDDKiA)
311
313
312
705
National level314
•
•
•
•
•
•
•
Labour law, in accordance with EU and international standards;
Shaping and implementing solutions for the labour market;
Adoption of a National Action Plan;
Promotion of employment;
Development of labour market institutions;
Public employment service; and
Polish Agency for Enterprise Development315:
Implements measures aiming at improving the ability of entrepreneurs,
especially from the SME sector, and their employees to introduce
changes through assigning them with competence, which will enable
permanent development;
Identifies entrepreneurs’ needs, particularly SMEs, in order to use this
knowledge to create proposals for new activities for the benefit of
entrepreneurship, innovativeness and human resources development.
Regional level316
Regional Labour Offices execute tasks in the field of employment policy in the
regions, their main responsibilities are among others:
•
•
•
•
•
•
•
•
Implementation of national policy;
Implementation and coordination of regional labour market policy;
Tasks connected with EURES system;
Vocational guidance and career information;
Adoption of regional action plans for employment;
Fight against unemployment;
Programming and executing tasks co-financed by the ESF;
Developing, collecting, updating and disseminating professional
information; and
• Cooperation with the relevant educational bodies to harmonise vocational
training and employment needs.
314
Ministry of labour and social policy
Act on the establishment of the Polish Agency of Enterprise Development (Dz. U. z 2002 r. Nr 66 poz. 596).
316
315
706
Regional and County Labour Offices execute different ranges of tasks and there
is no hierarchy between them.
County labour offices execute tasks in the field of employment policy in the
counties, their main responsibilities are among others:
•
•
•
•
•
•
•
•
Fight against unemployment;
Implementation of national policy;
Assistance to the unemployed and job seekers;
Initiating and implementing labour market;
Assessment of the market situation;
Inter-County cooperation;
Cooperation with Municipalities; and
Granting and payment of unemployment benefits.
Regional and County Labour Offices execute different ranges of tasks and there
is no hierarchy between them.
Local level
--Sources
Act on promotion of employment and labour market institutions (Dz. U.
z 2004 r. Nr 99, poz. 1001)
317
707
c. Social policy
National level
• Social assistance and integration;
• Fight against poverty;
• Social inclusion (vulnerable groups protection; development of voluntary
service; development of alternative forms of employment for vulnerable
persons);
• Social insurance system;
• Family benefits;
• Veterans benefits;
• Disabled benefits;
• Funding of research;
• Monitoring;
• Impact analysis of social policy.
The Minister of Labour and Social Policy is in charge of:
•
•
•
•
•
•
•
•
Overall guidelines;
Funding of research and analysis expertise;
Monitoring of standards;
Analysis of the effectiveness of social assistance;
Training of social assistance providers;
Development and financing of protection programmes;
Financial support to programmes provided by local authorities;
Evaluation and monitoring of such programmes;
• Training programmes for foster families;
• Collection of data.
Regional level318
Most social assistance services are provided by social assistance centres
(Municipalities) and poviat centres for family support (Counties). They are
responsible for payment of cash benefits as well as non-financial assistance.
Regional social policy centres focus on cooperation with providers and
organisers of social assistance (for example NGOs).
318
708
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Social welfare;
Regional social policy centres;
Pro-familial policy;
Developing, updating and implementing the regional strategy;
Programmes relating to social exclusion, equal opportunities for the
disabled, social assistance, prevention and resolution of alcohol problems,
cooperation with NGOs (in consultation with the Counties);
Organisation of training, including running of public schools of social
services and vocational training of staff;
Identifying the causes of poverty;
Regional social assistance programmes supporting local government in
their efforts to reduce poverty;
Fostering and promoting new forms of social assistance;
Orphan centres, support to foster families;
Childcare centres;
Quality control of services;
Day care for the disabled, the chronically ill and elderly people;
Assessment of the status and effectiveness of social assistance;
Implementation of national policy concerning the maintenance and
development of the information system;
Financial support for programmes specified by the Governor.
Regional social policy centres execute social assistance responsibilities in
the regions.
•
•
•
•
319
Supra-municipal services;
Poviat centres for family support;
Maintenance of poviat facilities and public utilities;
709
• Child protection, including running tutelary, educational facilities and
orphanages;
• Development and implementation of poviat strategies for solving social
problems, in particular adoption of social assistance programmes, support
to the disabled, etc.;
• Specialised counsel;
• Social integration;
• Integration of foreigners;
• Information;
• Training and professional development of the poviat social welfare
personnel.
• Poviat Centres for family support execute social assistance
responsibilities in counties.
Local level320
•
•
•
•
•
•
•
•
•
•
•
•
•
•
320
Municipalities are the main providers of social assistance services;
Housing;
Maintenance of gmina public facilities;
Social assistance centres;
Social assistance programmes, with a particular focus on the prevention of
alcoholism, social integration and support to families;
Support to the poor;
Granting of benefits;
Child protection;
Integration of former prisoners;
Allocation and payment of special allowances;
Granting and payment of aid for economic empowerment;
Nursing homes;
Other tasks delegated by the Government.
710
• Social Assistance Centres (Ośrodek pomocy społecznej) execute social
assistance responsibilities in Municipalities.
Sources
Ministry of labour and social policy
711
d.
Education policy
National level
• Management of the education system by the Ministry of National
Education;
• Higher education comes under the responsibility of the Ministry of
Science and Higher Education;
• International and EU cooperation;
• Research;
• General Council for Higher Education.
Regional level321
•
•
•
•
Coordinating activities;
Supervision of the national policy’s implementation;
Pedagogical supervision;
Establishment and management of post-secondary schools, some
secondary schools and vocational schools,
• Teacher training colleges,
• Voivodship libraries;
• Establishment and financing of higher education.
Intermediate level
• Establishment and management of upper secondary schools, artistic
schools and special schools
• Poviat libraries.
Local level 322
• Administration and management of nursery schools, primary schools and
lower secondary schools
• Municipal libraries.
321
322
712
Sources
EQAVET portal, Poland, Introduction to the VET system in Poland
Eurydice, National system overview on education systems in Europe/Poland,
European Commission, June 2011
713
National level323 324
• The Ministry of National Education and the Ministry of Labour and
Social Policy are in charge of the qualification standards;
• The Ministry of National Education is responsible for:
The quality and organisation of vocational education;
Core curricula (in consultation with the relevant ministries);
Life-long learning (formulation and overall policy);
• The Ministry of National Education Department of vocational and
Continuing Education is responsible for:
Recognising and analysing the needs of vocational schools teachers;
Creating and developing systems of pedagogical information in the
vocational education and training field;
Creating databases and information banks;
Inspiring and coordinating activities in order to improve and enhance
the vocational education and training quality.
• The National Centre for Supporting Vocational Training and Continuing
Education (KOWEZiU) is responsible for:
Inspiring, preparing and coordinating activities related to professional
development of teachers from vocational schools and adult schools;
Preparing and executing educational ventures relating to the stages of
educational transformation.
• The National In-Service Teacher Training Centre (NTTC) is a Statefunded agency of the Ministry of Education responsible for supporting the
development of a national system of teacher training in line with State
educational policies.
• The Tripartite Commission on Socio-Economic Issues (main institutional
platform for social partners’ involvement) acts both as a consultative body
and as initiator of legal measures.
323
Eurydice, National system overview on education systems in Europe/Poland, European Commission, June
2011.
324
EQAVET portal, Poland, Introduction to the VET system in Poland.
714
Regional level325 326
• Running of some vocational schools;
• Regional part of Sectoral Operational Programme Human Resources
Development in vocational training;
• The Labour Fund supports evaluation at regional level;
• Regional commissions for social dialogue are in charge of the discussion
of social and economic matters crucial for the Regions, including issues
regarding education organisation and financing;
• Cooperation with the relevant educational bodies to harmonise vocational
training and employment needs.
• Vocational schools.
Local level
---
325
EQAVET portal, Poland, Introduction to the VET system in Poland.
327
326
715
f.
National level
Youth policy
•
•
•
•
•
•
•
•
•
•
Ministry of National Education in charge;
Coordination activities;
Collaboration with youth organisations and other related organisations;
Implementation of the national policy;
Development of informal youth education;
Development of information systems;
Tourism for the youth;
Youth leisure;
International and European cooperation;
Youth mobility and exchange.
Sport policy
•
•
•
•
•
The Ministry of Sport and Tourism is in charge of the overall policy;
Systems organised with sports federations;
Supervision over sports federations;
Funding;
Promotion.
Regional level
Youth policy
• Regions hold responsibilities in the field of youth insofar as they are
related to education, culture and social policy.
Sport policy
•
Department of Public Education and Sport in the Office of the Marshal of
Voivodship is in charge of regional activities in promoting physical
education, as well as realizing programmes for constructing, expanding
and upgrading the sports facilities.
716
Youth policy
• Child protection (running tutelary and educational facilities, including
orphanages).
Sport policy
• Supervision of sports and recreation institutions, located in the County
(Education, Culture and Sports Unit in County Office).
Local level
Youth policy
• Municipalities hold responsibilities in the field of youth insofar as they
relate to education, culture, social policy, sport and health;
• Family support system;
• Foster care.
Sport policy
• Creation, organisation and promotion of the development of sport
activities;
• Funding.
Sources
Act on sports of 25.06.2010 (Dz. U. z 2010. Nr 127, poz. 857).
youth policy in Poland, drafted by Ewa Krzaklewska.
328
717
g. Culture policy
National level329
•
•
•
•
•
•
•
Overall legislation;
Protection of cultural heritage;
National cultural institutions;
Conservation of monuments;
Protection of public art education;
Higher art education.
Regional level330
• Regional cultural institutions;
• Protection and supervision of cultural assets;
• Database of cultural assets.
• Support to cultural institutions;
• Protection of cultural property;
• Initiating activities to establish and coordinate county cultural institutions.
Local level332 333
• Promotion of culture, including municipal libraries and other cultural
institutions, as well as monument protection and up-keeping
329
331
332
333
330
718
National level
• The Ministry of Health is responsible for the overall public health policy:
Managerial functions;
State Medical Emergency Service;
Health resort treatment, regulation of medical professions;
Coordination of health policy programmes in accordance with sociobenefit aspects;
• National Heath Funds in charge of health service delivery plans
(definition of health needs; volume of health services to meet these needs;
propose solutions for existing health problems perceived from a long-term
perspective);
• Hospitals (university or ministerial hospitals) in charge of highly
specialised medical care;
• Funding;
• National Institute of Public Health (NIPH) – National Institute of Hygiene
(NIH):
Monitoring of biological, chemical and physical factors in food, water
and air;
Monitoring diseases;
Infection control;
Expertise to the Government, NGOs and civil society;
Research.
Regional level
•
•
•
•
•
•
•
Regional general strategy and planning;
Health promotion (shared with Counties and Municipalities)
Medical emergency;
Ambulance services;
Management of public healthcare institutions at regional level;
Administration of most health services since 1991;
Regional hospitals (specialised services).
719
Intermediate level
• General responsibility for the operation of public health service
institutions;
• County general strategy and planning;
• Health promotion (shared with Regions and Municipalities)
• Management of public healthcare institutions at County level;
• County hospitals (basic services, i.e. internal medicine, surgery,
obstetrics, gynaecology and paediatrics).
Local level
•
•
•
•
Primary health care services;
Management of public healthcare institutions at local level;
Local general strategy and planning;
Health promotion (shared with Regions and Counties).
Sources
eHealth Strategies, Country Brief: Poland, drafted by Turowiec, A., Giest, S.,
Dumortier, J., and Artmann J., October 2010.
National Institute of Public Health portal
720
i.
National level 334
The Ministry of Transport, Construction and Maritime Economy is responsible
for the TEN-T policy at national level.
There are 4 priority projects:
• Railway axle Gdańsk – Warszawa; – Brno/Bratysława – Wiedeń
• Motorway Gdańsk – Brno/Bratysława – Wiedeń;
• Railway axle, Rail Baltica” Warszawa – Kowno – Ryga –Tallin –
Helsinki;
• Marine motorway on the Baltic Sea.
Regional level 335
• Regional road management.
Intermediate level 336
• Road building and maintenance at poviat level.
Local level 337
• Local roads.
334
General Director for National Roads and Motorways (GDDKiA), Trans-European Network
336
337
335
721
j.
National level
The Ministry of Regional Development is responsible for338:
• Development policy (durable and sustainable development; socioeconomic and territorial cohesion);
• Regional policy (regional competitiveness; territorial and spatial
cohesion);
• Cohesion policy;
• Coordinating governmental activities, self-government units and socioeconomic partners within the development policy area;
• Managing European Funds.
EU Funds339
• Adoption of the National Cohesion Strategy at national level;
• Implementation of the National Cohesion Strategy by means of three
operational programmes at national level.
Regional level
Regional authorities are responsible for:340
• Adoption of a strategy for regional development;
EU Funds341
• Regions act as managing authorities;
• Implementation of the National Cohesion Strategy by means of 16
Regional Operational Programmes;
• Preparation and implementation of regional development programmes
fully decentralised at the regional level.
338
Ministry of Regional Development
Ministry of regional development, National Cohesion Strategy 2007/2013.
340
341
Ministry of regional development, National Cohesion Strategy 2007/2013.
339
722
Spatial planning342:
• Spatial development (adoption of a Strategy for regional development and
a Plan of Spatial Development in the Region);
• Water management;
• Land amelioration;
• Maintenance of hydro-installations.
Intermediate level
--Local level343 344
•
•
•
•
Adoption of a local development plan;
Local planning;
Water and supply sewage treatment;
Maintenance of landfills.
342
Ustawa z dnia 27 marca 2003 r. o planowaniu i zagospodarowaniu przestrzennym (Dz. U. z dnia 10 maja
2003 r.) [Spatial Planning and Spatial Management Act].
343
344
Ibid., [Spatial Planning and Spatial Management Act].
723
National level
• Environment is mainstreamed in all legislation;
• Overall environmental policy;
• Environment policy is mainly decided by the Ministry of Environment:
Environment protection, forestry, reforestation, management of natural
resources, including water and mineral resources;
Coordination of other agencies activities;
Control over the observance and enforcement of the relevant laws;
Evaluation of the state of the environment;
• Adoption of the National Environmental Policy after consulting the
Marshals (Definition of environmental objectives, priorities and
implementing measures);
• State Inspectorate for Environmental Protection is an agency in charge of:
Monitoring the implementation and enforcement of regulations
respecting environmental protection and the use of natural resources as
well as assessing the impact of the adopted environmental protection
policies, plans and programmes;
Monitoring of the state of the environment;
Assessment of the environmental effects of policies, plans and
programmes.

• The Institute for Ecology of Industrial Areas is responsible for:
Research on appropriate measures for environmental protection;
Environmental health risk assessment;
Research on environmental pollutants and developing technologies;
• The Institute of Environmental Protection is appointed by the Minister of
Environment. It is responsible for research on environmental protection,
in particular:
Developing principles and strategies for environmental protection;
Setting of standards;
Environmental monitoring;
Environmental education;
Design of management plans for protected areas and environmental
impact assessment of substances, products and installations;
Dissemination of information of the state of the environment.
724
Regional level
• Adoption of regional protection plans for implementing the national
guidelines;
• Adoption of regional waste management plans;
• Regional inspectors operating under the State Inspectorate for
Environmental Protection.
Intermediate level
• Adoption of county protection plans for implementing the national
guidelines;
• Alert systems for pollution incidents (gas, chemicals and fire);
• County Council can establish quiet areas in and out of the agglomeration;
• Permissions to emit gas and dust into the atmosphere;
• Decisions concerning the acceptable level of noise.
Local level
• Protection of the local environment;
• Adoption of local protection plans for implementing the national
guidelines;
• Zoning.
Sources
Ustawa z 27 kwietnia 2001 r. Prawo ochrony srodowiska (Dz. U. z 2008 r. Nr
25, poz. 150, z pozn. zm.) [Act of 27 April 2001 - Environmental Protection
Law].
World Health Organization, Environment and health performance review –
Poland, 2009.
Law on Inspection for Environmental Protection of 11 September 1991.
725
l.
Energy policy
National level345 346
The Ministry of Economy is responsible for:
•
•
•
•
•
•
•
•
•
The overall energy policy;
Improving energy efficiency;
Increasing supply security;
Developing competitive fuels and energy markets;
Introducing nuclear powers;
Increasing the use of renewable energies;
Reducing the energy impact on the environment;
Definition of priorities in Poland’s Energy Policy until 2030;
Implementing tasks related to shaping the energy policy and regulatory
environment;
• Coordinating the energy policy;
• Issues related to energy carrier diversification and energy source
diversification.
The Treasury Ministry is responsible for the restructuring of public energy
companies.
The Ministry of the Environment is responsible for:
• The creation and implementation of Poland’s climate policy;
• Inventories of greenhouse gas emissions and sinks;
• Reporting and verification.
The Ministry of Finance is in charge of:
• Regulating end-use energy prices;
• Providing funds for state energy enterprises.
345
346
Enercee.net portal, Energy Country Profiles / Poland.
Ustawa z dnia 10 kwietnia 1997 r. Prawo energetyczne (Dz. U. z 2006 r. Nr 89. poz. 625) [Energy Act].
726
Polish National Energy Conservation Agency (KAPE):
• Linking governmental and non-governmental organisations with
regulatory bodies, the energy distribution sector and end-users;
• Developing and promoting governmental, regional, local and individual
initiatives on energy efficiency and renewable sources use;
The Energy Regulatory Office (URE) is an independent regulatory authority in
charge of:
•
•
•
•
Coordinating the energy sector and its prices;
Issuing operating licenses;
Monitoring developments in prices and tariffs;
Promoting energy efficiency.
The National Atomic Energy Agency (NAEA) is the regulatory authority in
charge of atomic energy issues.
Regional level347
•
•
Testing compliance of energy and fuel supply with the state energy policy;
Promotion and dissemination of knowledge about the future directions of
energy policy in the Region.
Intermediate level
--Local level348
• Electricity, gas and heat supply.
• Planning and organising activities aimed at achieving energy efficiency,
as well as promoting the reduction of energy consumption349.
347
Organizational rules of the Office of the Marshal of VoivodshipIbid. [Energy Act].
349
Ustawa z dnia 15 kwietnia 2011 r. o efektywnosci energetycznej (Dz. U. z 2011 r. nr 94 poz. 551).
348
727
LRAs
National level
• Overall agriculture policy, in accordance with the EU Common
Agriculture Policy;
• The Ministry of Agriculture and Rural Development is responsible for
implementing Government policy on agriculture, rural development and
agricultural markets, including350:
Land management and promoting the agrarian structure
transformation;
Recovery and protection of agricultural land;
Environmental engineering;
State funding;
Information and publicity related to agriculture, rural development and
agricultural markets;
Organic farming; and
Monitoring and controlling the activities of the Agricultural Property
Agency.
• Two agencies: the Agricultural Property Agency and the Agency for
Restructuring and Modernisation of Agriculture.
Regional level
• Regional Inspectorates;
• Regional Offices of the Agency for Restructuring and Modernisation of
Agriculture
• Regional branches of the Agricultural Property Agency351;
350
351
Ministry of Agriculture and Rural Development portal
Agricultural Property Agency, Territorial branches
728
The Office of the Marshal of Voivodship is responsible for the projects in
the framework of Rural Development Programme (collecting applications
and selecting projects for funding); also cooperation with Inspectorates,
Chambers of Agriculture, etc.
Intermediate level
• Decisions concerning reclamation and land management;
• Local Offices of the Agency for Restructuring and Modernisation of
Agriculture352.
Local level
• Issues related to protection of agricultural and forest lands;
• Expressing opinions on agricultural land forestation.
352
Agency for Restructuring and Modernisation of Agriculture
729
b. Fisheries policy
National level
• Overall fisheries policy, in accordance with the Common Fisheries
Policy;
• The Ministry of Agriculture and Rural Development and its Department
of Fisheries are responsible for the overall fisheries policy; and
• Adoption of a National Strategic Plan.
Regional level
• Three regional inspectorates of fisheries (Szczecin, Slupsk and Gdynia)
are in charge of the management, monitoring and surveillance of fisheries
within their territories;
• The Gdynia Fisheries Monitoring Centre is responsible for operating the
Vessel Monitoring System and fisheries reporting system;
• The Office of the Marshal of Voivodship manages matters related to
inland fishery and fisheries policy.
Intermediate level 353
• Counties sea fisheries inspectors are subject to the Ministry of Agriculture
and Rural Development;
• Inland fisheries;
• Issuing spear fishing cards and fishing cards.
Local level
--Sources
Ustawa z dnia 19 lutego 2004 r. o rybolowstwie (Dz. U. z 2004 r. Nr 62. poz.
574) [Law on Sea Fisheries of 19.02.2004].
UN Food and Agriculture Organization, Fisheries and Aquaculture
Department, National Aquaculture Sector Overview/Poland, 2012.
353
730
c.
Immigration and asylum policy
National level
• The Ministry of the Interior is responsible for the immigration and asylum
policy.
• The Ministry of Foreign Affairs participates in the development and
implementation of foreign cooperation in the field of visa policy and
migration policy354.
• The Minister of Labour and Social Policy is responsible for:
Coordinating the integration policy;
The legal framework for integration; and
Financial resources for integration.
•
Polish Office for Foreigners:355
The Head of the Office for Foreigners grants refugee status, as well as
coordinating the management of the refugee centres.
Granting and realisation of social assistance for refugees
Polish Refugee Council – body that reviews decisions issued by the
Head of the Office for Foreigners;
The consul issues and refuses to issue visas356.
Governmental administration in the Regions:
•
•
The Governor (Wojewoda) issues the work permits and permits for
temporary and permanent residence;
The Governor adopts decisions to extend visas.
Regional level
• Coordinating the integration of foreigners under the refugee or temporary
protection status; and
• Granting residence permits357.
354
Ustawa z dnia 13 czerwca 2003 r. o udzielaniu cudzoziemcom ochrony na terytorium Rzeczypospolitej
Polskiej (Dz. U. 2003 Nr 128 poz. 1176).
356
Ustawa z dnia13 czerwca 2003 r. o cudzoziemcach (Dz. U. 2003 Nr 128 poz. 1175).
355
731
Intermediate level
• Social assistance to foreigners under the refugee or temporary protection
status.
Local level
• Granting and payments of benefits aimed at foreigners.
Sources
357
Act of 28 July 2011 on legalisation of stay of some foreigners in the territory of the Republic of Poland and
on amendments to the Act on granting protection to foreigners in the territory of the Republic of Poland and to
the Act on Foreigners.
732
d. Tourism policy
National level
The Ministry of Sport and Tourism is responsible for:
•
•
•
•
•
•
•
International relations and promotion of tourism;
Tourism development programming;
Designing legal and economic mechanisms governing tourism;
Tourism economy;
Strategy and regional development;
Market research and staff training;
Supervision of the Marshall Offices for implementation of the Tourist
Services Act.
The Polish Tourist Organisation is in charge of promoting tourism.
• The Governor (Wojewoda) issues job permits for tourist guides and tour
pilots.
Regional level
• Implementation of Government policy
• Regional Tourist Organisations;
• Tourism development at regional level.
Intermediate level
• Tourism development at poviat level.
Local level
• Local Tourist Organisation;
• Tourism development at local level;
• Implementation of Government policy.
733
Sources
Ustawa z dnia 29 sierpnia 1997 r. o uslugach turystycznych (Dz. U. of 2004,
No. 223, item 2268, as amended) [Act on Tourist Services of 29 August 1997].
OECD, Report on ‘OECD Tourism Trends and Policies 2010’, 01.02.2010, p.
231.
734
National level
• Generally speaking, the Government is responsible for:
The maintenance of public order;
Internal security;
Declaring the state of emergency.
• The Ministry of the Interior and the Ministry of Administration and
Digitalisation are responsible for most of the emergency services:
Protection of the population in case of emergency;
Disaster prevention.
• Each Minister is responsible for civil emergency planning action falling
within their remit;
• The Government Centre for Security is in charge of coordinating crisis
and emergency management efforts;
• The Government Crisis Management Team (GCMT) is an advisory body
at governmental level for initiating and coordinating activities relating to
crisis management;
• National Headquarters of the State Fire Service; and
• Crisis management Centres.
Regional level
• Voivodship Emergency Response Board;
• Voivodship crisis management plan, in accordance with the national
guidelines;
• Voivodship crisis management centres;
• Management of the monitoring, planning, response and removal of the
results of the threats on the territory of the voivodship;
• Performance of civil planning tasks;
• Management, organisation and delivery of exercises and training on crisis
management;
735
• Counteracting, preventing and removing the terrorism effects; and
• Implementation of critical infrastructure protection tasks.
Intermediate level
•
•
•
•
•
•
Poviat Emergency Response Board;
Poviat crisis management plan;
Poviat crisis management centres;
Civil protection;
Fire protection;
Management of monitoring, planning, response and removal of the
consequences of the threats on the poviat territory; and
• Performance of civil planning tasks;
Local level
•
•
•
•
•
•
•
•
•
•
Gmina Emergency Response Board;
Gmina crisis management plan;
All local public issues relating to civil protection;
Fire protection;
Monitoring of threats;
Early warning systems;
Alarms;
Coordination of rescue operations and evacuations; and
The mayor defines the civil protection tasks for all municipal institutions.
Sources
European Commission, Humanitarian Aid and Civil Protection. Poland country
profile on civil protection.
Crisis Management Act of 26.04.2007.
736
21. Portugal
Portugal is a republican state and a parliamentary democracy under the
1976 Constitution. The Parliament (Assembleia da República) is unicameral and
its members are elected for a four-year term. The Government is led by a Prime
Minister and the Head of State is the President of the Republic who is elected
for a five-year term.
Portugal is an asymmetrical regionalised State. It has three levels of governance:
central, regional (Autonomous Regions) and local level (Municipalities and
Sections of Municipalities). Local government has been democratically elected
since the fall of the dictatorship in the mid 1970s. The decentralisation process
started then and has developed ever since. In particular, in 1999, several laws
were adopted to enhance the responsibilities of the Municipalities and Sections
of Municipalities. In parallel, an attempt at regionalisation took place in the
1990s, but was rejected by public referendum in 1998. In addition, the islands of
Azores and Madeira were granted special status as autonomous regions (Regiões
Autónomas de Portugal) in 1980.
The Republic of Portugal is composed of 4,260 Sections of Municipalities
(Freguesias), 308 Municipalities (Municípios) and two Autonomous Regions
(Regiões Autónomas).
There are also five main regions on the mainland in charge of decentralised
administration services empowered with financial and administrative autonomy
(Comissões de Coordenação e Desenvolvimento Regiona l- CCDR). The
implementation of formal administrative Regions is embedded in the
Constitution (Art. 255) but so far this process has not been achieved. The formal
division is made into eighteen Districts (Distritos) that have been administered
by 'civil governors' (Governadores Civis) appointed by the Minister of Internal
Administration until mid-2011. However, these did not constitute levels of selfgovernment. In June 2011, the newly elected government proceeded to
decentralise competences by removing the civil governors as representatives of
the central governments in the districts.
For a statistics purpose there is also the classification NUTS I, NUTS II and
NUTS III for all the areas in the country. NUTS I includes the two Autonomous
Regions and the mainland. NUTS III includes the five above mentioned main
regions on the mainland and the two Autonomous Regions (which here coincide
with NUTS I classification). NUTS III corresponds to a group of 28 sub-regions
identified in the several regions in NUTS II and the two Autonomous Regions.
737
While the islands’ administrative divisions are of only one level, on the
mainland there are districts, CCDR, metropolitan areas, urban communities and
inter-municipal communities (that are groups of NUTS III organisations).
The principles of interdependence and separation of powers are embedded in the
Constitution and regional autonomy and of decentralisation are also foreseen in
its text. The Autonomous Regions have their own political and administrative
statutes and their own legislative autonomy (Art. 228). They benefit from
extensive legislative powers and define their own policy, except for the field of
foreign policy and defence and internal security, which come under the
competences of central authorities.
In addition to the Constitution which stipulates democratic participation, the
economic and social development and the promotion of regional interests of the
Autonomous Regions with regard to reinforcing national unity and solidarity
links among all the Portuguese people (art. 225), the 1999 Act on Local
Government Responsibilities358, the 2007 Local Finance Law and the Laws of
26 March 1987 and 5 June 1991 on the Autonomous Regions also describe the
vertical distribution of competences.
In 2005, sub-national level expenditure represented 6.1% of the GDP and 13%
of the total public expenditure. The Municipalities’ revenue was composed of
24.9% of autonomous taxation, 3.7% of shared taxation, 39.9% of grants and
31.5% of other sources.359
Portugal’s administrative-territorial structure is currently under discussion
although there is broad consensus on the need to move towards more
regionalisation, the question of the regions’ competencies is not yet resolved.
Central level
•
•
•
Legislative power in all fields, except for Azores and Madeira;
General powers in areas related to national sovereignty, and
Administrative powers which do not fall under the competence of local
authorities.
358
Act 69/99 on local government responsibilities.
359
738
Regional level
Responsibilities of the Autonomous Regions
•
•
•
•
•
•
•
•
•
•
•
•
Improvement of human resources and quality of life;
Heritage and cultural creation;
Environment;
Protection of nature, public health, animals and vegetation;
Agricultural and fisheries development;
Water, mineral and thermal resources and locally produced energy;
Planning, accommodation, urbanism and regional planning;
Transport, including roads, traffic and land transport, infrastructure and
maritime and air transport between the islands;
Commercial and industrial development;
Tourism, folklore and crafts;
Sports, and
Organisation of regional administration and related services.
Local level
Responsibilities of the Municipalities
•
•
•
•
•
•
Health;
Environment;
Culture;
Management of municipal assets;
Public works, and
Urban planning.
Responsibilities of the Parishes
•
•
•
•
•
•
•
•
Education;
Road and park maintenance;
Social facilities for children and the elderly;
Culture;
Environment;
Health;
Residence permits, and
Pet licences.
739
Representation: The National Association of Portuguese Municipalities
represents local government before the central authorities.
Information: During the legislative process, information is provided to Local
and Regional Authorities (LRAs) to the extent that information is published on
the Parliament’s website. In addition, central authorities usually transmit draft
legislation which has a local/regional impact 360 to the associations of local
government for information.
Consultation: The associations of local government are consulted in all areas
within their remit pursuant to Law No. 54/98 of 18 August 1998. Consultation
generally takes place by mailing draft legislation. Central authorities always
have to consult the Autonomous Regions on matters that fall under the
Autonomous Regions’ competences.
Coordination: The State works in cooperation with the Autonomous Regions in
order to ensure their economic and social development, as well as to address and
reduce inequalities throughout the territory. In addition, the National
Association of Portuguese Municipalities acts as an exchange platform among
its members. Municipalities have their own fiscal powers limited to their own
competences according to coherence and local autonomy principles according to
the Local Finances Law.
The Portuguese CoR delegation includes two members from the Autonomous
Regions of the Azores and Madeira and ten from the Municipalities.
None of the regions have a liaison office in Brussels; the Azores rent a building
for meetings when they are in Brussels, with no employees allocated to the
office.
The National Association of Portuguese Municipalities is a member of the
Congress of Local and Regional Authorities of Europe (CLRAE) and the
Council of European Municipalities and Regions (CEMR)[1]. The Azores and
Madeira are also members of the Assembly of European Regions (AER) and of
the Conference of European Regional Legislative Assemblies (CALRE).
360
States’, 2007, pp. 173-177.
740
The National Parliament established a mechanism of subsidiarity scrutiny within
the framework of the Early Warning System (EWS) as well as general scrutiny
system within the political dialogue. In both cases, the National Parliament
should consult the Legislative Assemblies of the Autonomous Regions
whenever the European initiative under scrutiny refers to a matter that falls
within the competence of the Autonomous Regions. So far, the Regional
Parliaments of the Autonomous Regions have been consulted about three
European initiatives within the Early Warning System (EWS) as well as within
theframework of the political dialogue concerning the Specific Measures for
agriculture in the outermost regions of the Union, the maritime strategy for the
Atlantic Ocean Area and the outermost regions of the EU.
21.4 Fiscal Powers
The National Parliament defines the central, regional and local financial
regimes. Furthermore, it has the competence to adopt taxes and levies and other
financial contributions. The fiscal, financial and economic autonomy of the
Autonomous Regions exists within the limits of the Constitution. These Regions
have autonomous fiscal powers and the competence to adapt the national regime
to the regional economic reality.
21.5 Bibliography
Constitution
Constitution of the Portuguese Republic, Seventh Revision 2005.
Legislation
Lei n.? 2/2009 de 12 de Janeiro Aprova a terceira revisao do Estatuto Politico –
Administrativo da Regiao Autonoma dos Acores – [Law on the political and
administrative statute of the Autonomous Region of Azores]
Estatuto Politico-Administrativo da Regiao Autonoma da Madeira Aprovado
pela Lei n.? 13/91, de 5 de Junho. Revisto pela Lei n.? 12/2000, de 21 de Junho.
[Law on the political and administrative statute of Autonomous region of
Madeira]
361
Committee of the Regions, The Role of Regional Parliaments in the Process of Subsidiarity Analysis within
the Early Warning System of the Lisbon Treaty, Committee of the Regions, drafted by EIPA (authors: Vara
Arribas, G., Bourdin D.), 2011.
741
Lei n.? 159/99 de 14 de Setembro, Estabelece o quadro de transferencia de
atribuicoes e competencias para as autarquias locais [Law No. 159/99,
September 14, that sets out the Framework for the transfer of functions and
powers of the local authorities]
Websites
Government portal, The Autonomous Regions
National Association of Portuguese Municipalities portal.
Publications
Assembly of the European Regions, Regionalism Report on Portugal, 2010.
Report The Role of Regional Parliaments in the Process of Subsidiarity Analysis
within the Early Warning System of the Lisbon Treaty, Committee of the
Regions, drafted by EIPA (authors: Vara Arribas, G., Bourdin D.), 2011.
742
the CoR
a.
Transport policy
Central Level
The Ministry of Economy and Employment is responsible for defining,
managing and implementing policies on transport issues.
Regional level
The Azores:
The Legislative Assembly legislates in the field of transport and infrastructure
and is responsible for:
• Construction;
• Traffic and roads;
• Ports, airports, airfields and other civil airport infrastructure;
• Land, sea and air transport, and
• The distribution of postal goods.
Madeira:
• Infrastructure;
• Sea and air transport;
• The management of ports and airports, and
• Roads, traffic and land transport.
Local Level
• The municipal road network;
• The regular urban and local transport network;
• Support structures for road transport;
• Regional railway or roads, and
• Municipal aerodromes and heliports.
743
Central Level
managing and implementing policies on employment.
Regional level
The Azores:
The Legislative Assembly legislates in the field of employment and is
responsible for:
• The promotion of fundamental rights of workers;
• Unemployment protection, and
• The establishment and regulation of the regional minimal wage.
Madeira:
• Employment and labour laws,
• Vocational training and
• Regional action plans for employment.
Local Level
-----Sources
Ministry of Economy and Employment
744
c. Social Policy
Central Level
• Organising, coordinating and subsidising a unified and centralised social
security system;
• Promoting the social and economic independence of family units;
• Regulating assisted conception in such a way as to safeguard human
dignity. Ensure special protection for children who are orphans,
abandoned or deprived of a normal family environment in any way, and
• Undertaking a national policy for the prevention of disability and the
treatment, rehabilitation and integration of citizens with disabilities and
the provision of support to their families.
Regional level
The Azores:
The Legislative Assembly legislates in the field of social policy and is
responsible for:
• The management and financial system of social policy;
• The regulation of social services, social support, and social solidarity;
• Combating social exclusion and promoting equal opportunities and social
inclusion;
• Providing support for citizens with disabilities, and
• The social, volunteer and organisation of leisure time.
Madeira:
• Public works and social facilities;
• Housing, and
• The development of human resources and quality of life.
745
Local Level
• The construction and maintenance of nurseries and centres for the elderly
and people with disabilities, and
• Cooperating with the social institutions and concluding partnerships with
the central government in programmes and projects in the areas of
fighting against poverty and social exclusion.
746
d. Education policy
Central Level
•
•
•
•
•
•
The financing, establishment and operation of schools;
Ensuring conditions for equal opportunities and equal access to schools;
Ensuring high-level teaching, scientific and cultural education;
Encouraging research and innovation technology;
The management of higher education schools;
Ensuring the dissemination of information on educational institutions and
projects, and
• Ensuring and monitoring the schools’ compliance with the law.
Regional level
The Azores:
The Legislative Assembly legislates in the field of education and is responsible
for:
• The regional education system, including the organisation, operation,
human resources, equipment, administration and management of
education and teaching;
• The evaluation of the education system;
• Private activities of education, and
• School social work in the regional education system.
Madeira:
• Pre-primary, primary, secondary, tertiary and special education.
747
Local Level
• The construction, equipment and maintenance of preschool and basic
educational establishments;
• The development of a school map to integrate the municipal master plans;
• The creation of local boards of education;
• Ensuring school transport, and
• Supporting the development of complementary educational activities.
Sources
Ministry of Education and science
748
Central Level
The Ministry of Education and Science is responsible for defining, managing
and implementing policies on vocational training.
Regional level
Madeira:
The Legislative Assembly legislates in the field of vocational training and is
responsible for:
• Vocational training.
The Azores:
The Legislative Assembly legislates in the field of vocational training and is
responsible for:
• Training and human resources, and
• Social consultation.
Local Level
---
749
f.
Central Level
Youth Policy
--Sport Policy
In cooperation with schools and sporting associations and groups:
• Promoting, stimulating, guiding and supporting the practice and
dissemination of physical education and sport, and
• Preventing violence in sport.
Regional level
Youth Policy
The Azores:
The Legislative Assembly legislates in the field of youth policy and is
responsible for:
• Student and youth organisations;
• Youth mobility and tourism, and
• The regulation and management of the activities and facilities for young
people.
Sport Policy
Madeira:
• Sport policy.
750
The Azores:
The Legislative Assembly legislates sport policy and is responsible for:
• The regional and information sport system, including organisation,
management, planning, funding and supervision;
• Professional and unprofessional sport, including sport exchanges, sport
schools and volunteer sport;
• Infrastructure, facilities and sport equipment;
• Human resources;
• Sponsorship, and
• Mobility of sport associations and societies.
Local Level
Youth Policy
--Sport Policy:
• Facilities for sport and recreational activities;
• Providing support for sport and recreational activities of municipal
interest, and
• Supporting the construction and maintenance of sport and recreational
sites.
751
g. Culture policy
Central Level
• Encouraging and ensuring access by all citizens to the means and
instruments for cultural activities, and reducing the country’s existing
asymmetries in this respect;
• Supporting initiatives that stimulate individual and joint creative skills in
all its many forms and expressions, and that stimulate the enhanced
dissemination of high quality cultural works and items;
• Promoting the safeguarding and enhancement of the cultural heritage and
making it an element that inspires a common cultural identity;
• Developing cultural relations with all peoples, especially those that speak
Portuguese;
• Ensuring the defence and promotion of Portuguese culture abroad, and
• Coordinating the cultural policy with the other sectoral policies.
Regional level
The Azores:
The Legislative Assembly legislates in the field of culture policy and is
responsible for:
• Historical,
ethnographic,
artistic,
monumental,
archaeological and scientific matters;
• Cultural facilities, including museums and libraries;
• Providing support for intellectual and artistic creation;
• Folklore;
• Public shows and amusements, and
• Cultural patronage.
architectural,
Madeira:
•
•
•
•
The classification, protection and enhancement of cultural heritage;
Museums, libraries and archives, and
Entertainment and public amusements
Handicraft and folklore.
752
Local Level
• Culture centres, science centres, libraries, theatres and municipal
museums;
• Cultural heritage, landscape and urbanism;
• The conservation and restoration of heritage and cultural areas;
• The management of museums, buildings and sites, classified in terms
defined by law, and
• Providing support for cultural projects and activities of municipal interest.
753
Central Level
• Ensuring that every citizen has access to preventive, curative and
rehabilitative medical care;
• Ensuring efficient national coverage in terms of healthcare units and
human resources;
• Working towards the public funding of the costs of medical care and
medicines;
• Regulating and controlling the production, distribution, marketing, sale
and use of chemical, biological and pharmaceutical products and other
means of treatment and diagnosis, and
• Drafting policies for the prevention and treatment of drug abuse.
The National Health Service possesses a decentralised and participatory
management system.
Regional level
The Azores:
The Legislative Assembly legislates in the field of health policy and is
responsible for:
• Regional health service, including its organisation, planning, operation,
financing and human resources;
• Public health and community services;
• Preventive medicine and rehabilitation, and
• The system of licensing and operation of pharmacies.
Madeira:
• Health and welfare, and
• Health services.
754
Local Level
• The construction, maintenance and support of the municipal health
centres;
• Participating in advisory monitoring and evaluation of national health;
• Participating in the definition of policies and actions undertaken by health
offices, and
• Participating in the provision of health care in the framework of social
support dependence in partnership with central government and other
local institutions.
Sources
Public health Ministry Legislation
http://www.minsaude.pt/portal/conteudos/a+saude+em+portugal/legislacao/legislacao.htm
755
i.
Central Level
The Secretary of State of Public Works, Transport and Communications of the
Ministry of Economy and Employment is responsible for the TEN-T policy.
Regional level
The Azores:
The Legislative Assembly legislates in the field of transport and infrastructure
and it is responsible for:
•
•
Construction, and
Roads;
Madeira:
•
•
Infrastructure, and
Roads.
Local Level
•
•
The municipal road network, and
Regional railway lines or roads.
756
j.
Central Level
• Promoting an increase in citizens’ social and economic well-being and
quality of life;
• Promoting social justice, ensuring equal opportunities and carrying out
the necessary adjustments of inequalities in the distribution of wealth and
income, particularly by means of the fiscal policy (within the overall
framework of a sustainable development strategy);
• Ensuring the full use of the forces of production, particularly by making
every effort to ensure the efficiency of the public sector;
• Promoting the economic and social cohesion of the whole country by
directing development towards a balanced growth in every sector and
region and progressively reducing and eliminating the economic and
social differences between towns and the average per country and
between the coastal strip and the inland areas;
• Promoting the adjustment of the inequalities derived from the autonomous
regions’ insular nature and encouraging the regions’ progressive
integration into broader economic areas with a national or international
scope;
• Ensuring the efficient operation of the markets, and
• Creating the legal and technical instruments needed to democratically
plan economic and social development.
Regional level
--Local Level
---
757
Central Level
• Preventing and controlling pollution and its effects as well as the harmful
forms of erosion;
• Conducting and promoting town and country planning with a view to the
correct location of activities, balanced social and economic development
and the enhancement of the landscape;
• Creating and developing natural and recreational reserves and parks and
classifying and protecting landscapes and areas;
• Promoting the rational use of natural resources;
• Promoting environmental education and respect for environmental values,
and
• Promoting the environmental quality of rural settlements and urban life in
cooperation with local authorities.
Regional level
The Azores:
The Legislative Assembly legislates in the field of environment and is
responsible for:
•
•
•
•
•
•
The protection of the environment;
The conservation and protection of classified and protected areas;
Regional ecological reserve;
Natural resources;
Environmental impact assessment, and
Water supply.
Madeira:
• Forests, parks and nature reserves;
• Environmental protection and ecological balance, and
• Protection of nature and natural resources.
758
Local Level
• Participating in the management of air quality;
• The installation and maintenance of local networks for monitoring air
quality;
• The control of gas emissions of vehicles;
• Proposing the creation of protected areas at national, regional or local
level;
• Water supply systems;
• The maintenance and rehabilitation of the water network, and
• The management and monitoring of the sanitation and good maintenance
of beaches and bathing areas.
759
l.
Energy
Central Level
managing and implementing policies on energy issues.
Regional level
The Azores:
The Legislative Assembly legislates in energy policy. It is responsible for:
•
•
•
•
Production facilities;
Distribution;
The storage and transport of energy, and
The regional production of energy, including renewable energy and
efficiency energy.
Madeira:
• Energy production site, and
• Distribution.
Local Level
•
•
•
•
The distribution of electricity at low voltage;
Urban and rural lightening;
Investing in energy-producing centres, and
Managing the distribution networks.
760
LRAs
a. Agriculture
Central Level
• Promoting the planning of agriculture, and
• Reconversion and forestry development policy, in accordance with the
ecological and social factors that condition the country.
Regional level
The Azores:
The Legislative Assembly legislates on agricultural policy which includes:
• Agriculture, including organic farming, forestry, livestock and agribusiness;
• Regional agricultural reserves;
• Pastures, fallow and forest reserves;
• Rural land consolidation and land ownership farms;
• Animal and plant health;
• Research, development and innovation in agriculture, forestry and food, and
• The protection, promotion and support of regional products, including
geographical designations of origin and quality.
Madeira:
•
•
•
•
Agriculture, forestry and animal farming;
Legal status and land use;
Land policy and management, and
Ecological balance.
Local Level
---
761
b. Fisheries
Central Level
• Ensuring the protection and conservation of biodiversity;
• Promoting the planning of inland aquaculture, in conjunction with
management planning;
• Promoting and encouraging participation in the planning and management of
aquatic resources, fishermen’s organisations, environmental protection and
forest producers, local authorities and other entities interested in the
conservation, protection and use of aquatic resources;
• Regulating fishing and aquaculture, and
• Promoting scientific research for better knowledge and conservation of
aquatic ecosystems.
Regional level
The Azores:
The Legislative Assembly legislates in fisheries, sea and marine resources. It
defines:
• The conditions of access to inland waters and sea land belonging to the
territory;
• Fishery resources and other aquatic resources, including their
conservation, management and operation;
• Fishing activities in inland waters and sea land belonging to the territory
of the region or vessels registered in the region;
• Aquaculture and processing of fishing products in the region;
• Fishing vessels that pursue their activities in internal waters and territorial
sea belonging to the territory of the region or which are registered in the
region, and
• Recreational fishing.
Madeira:
•
Fisheries, aquiculture, water resources.
762
Local Level
--Sources
Lei n.? 7/2008 de 15 de Fevereiro Lei da pesca nas aguas interiores [Law of the
Inland Fishing]
763
Central Level
• Overall legislation (Ministry of the Interior), and
• Drawing up proposals based on granting or refusing asylum, awarding
and renewal of residence permits (National Commissioner for Refugees).
Under the proposal of the National Commissioner for Refugees, the Ministry
can grant or refuse asylum.
Regional level
The Azores:
• The integration of immigrants;
• The support of the migrant communities;
• The association and dissemination of Portuguese culture and Azorean
Diaspora, and
• The reintegration of returning migrants.
Madeira:
•
Immigration status of the citizens.
Local Level
--Sources:
Lei n.o 15/98 de 26 de Marco Estabelece um novo regime juridico-legal em
materia de asilo e de refugiados [Law No. 15/98, March 26, Establishes a new
legal system in the area of asylum and refugees]
764
d. Tourism
Central Level
managing and implementation of tourism policies.
Regional level
The Azores:
The Legislative Assembly legislates in the field of tourism. It is responsible for:
• The arrangement of the use of tourism resources;
• Training of human resources in tourism;
• Legal regimes of tourist and travel agencies and operators, including their
licensing, classification and operation;
• The use of tourist sites, monuments and attractions;
• Sea activities, and
• Investments in tourism.
Madeira:
• Tourism and hospitality;
• Handicraft and folklore, and
• Exploration of the public utility property of the region.
Local Level
• Creating tourist institutions and participating in the promotion of the local
tourism;
• Participating in regional tourism bodies;
• Participating in the definition of tourism policies which relate to the
municipality;
• Promoting and supporting the development of craft activities and
ethnographic expositions of local interest, and
• The licensing and inspection of tourist facilities and hotels.
765
e. Civil protection
Central Level
The Ministry of Internal Administration is responsible for defining, managing
and implementing policies on civil protection issues.
Regional level
The Azores:
The Legislative Assembly legislates in the field of civil protection and public
safety. It is responsible for:
• Civil protection, fire emergency, medical emergency;
• The monitoring of meteorological, oceanographic, seismic and geological
risks, and
• Assistance and monitoring of beaches, bathing areas and coastal rescue.
Madeira:
• Regional Civil Protection.
Local Level
• The creation of municipal fire departments;
• The construction and maintenance of fire stations, and
• The construction, maintenance and management of municipal facilities
and centres of civil protection.
766
22. Romania
Romania is a sovereign, independent, unitary, indivisible national state, the
form of government being a Parliamentary Republic with a semi-presidential
regime. The Romanian President is directly elected for a five-year mandate, for
maximum two terms. The Romanian Parliament is bicameral and consists of the
Chamber of Deputies (Camera Deputatilor) composed of 332 directly elected
deputies and the Senate (Senatul) composed of 137 directly elected senators.
The Romanian Parliament has a four-year mandate.
According to Article 3(3) of the Constitution, the territory of Romania is
divided into Communes (comune), Towns (oraşe) and Counties (judeţe); the
big towns (cities) are declared municipalities (municipii) through a specific law.
Towns having a large number of inhabitants and being of major economic,
social, political and scientific importance at national level or meeting the
necessary conditions for development in these fields may be classified as
municipalities (cities) (Law 351/2001 with subsequent changes).
The Romanian Counties are the administrative-territorial units at the
intermediate level, while Communes, Towns and Municipalities (Cities) form
the local administrative level.
The intermediate administrative level consists of 41 Counties and, in
addition, the municipality of Bucharest, which holds both municipality and
County competences. At this level, a prefect is appointed by the central
government as a representative of the government at the County level.
The management of local public affairs is the responsibility of the selfgoverning deliberative local administrative authorities, namely the County
Council (Consiliul Judeţean) and the Local Councils (Consiliul Local).
The local level comprises 2853 Communes, 217 Towns and 103
municipalities (cities).
The Regional Development in Romania Act (No. 315/2004) establishes the
institutional framework for regional development policy in Romania, its
objectives, the competences of the development Regions and the specific
instruments of regional development policy. There are eight development
Regions on the Romanian territory. The development Regions are not
regional authorities and have no legal personality.
767
The Regional Development Agencies are the executive bodies of the Regional
Development Councils of the Development Region. Regional Development
Agencies develop strategies, attract resources, identify and implement financing
programmes and offer services for stimulating sustainable economic
development, partnerships and entrepreneurial spirit.
The Regional Development Councils – composed of the County Council
presidents – are the deliberative bodies that coordinate the entire regional
development process in a certain Development Region.
The Regional Development Council has the following attributes:
- analyses and decides upon the strategy and the regional development
programmes;
- approves the regional development programmes;
- presents to the National Regional Development Council proposals
regarding the allocation of resources from the Regional Development
Fund;
- approves the criteria, priorities, assignment and the destinations of the
resources from the Regional Development Fund;
- follows the utilisation of the funds assigned to the Regional Development
Agencies from the National Regional Development Fund.
The Government has the right to issue legal acts that are compulsory for the
local authorities. The prefect, as representative of the government at County
level, has the right to control the legality of acts issued by the local authorities.
Articles 120 and 123 of the Constitution provide the legal limits of the exercise
of authority by the prefect on the Local Councils, which are the functional
autonomy, the principle of administrative autonomy and decentralisation as well
as the principle of deconcentration of public services.
In addition to the Constitution of 1991 (amended in 2003), the Law of Local
Public Administration of 2001, the Framework Law on Decentralisation of 2006
and the Law on Regional Development of 2004 are the main sources to be
consulted.
General division of powers
Central level
The central level has the legislative power in all areas and carries out state
policy, foreign policy, manages the state budget and maintains law and order.
768
According to Article 73 of the Constitution, organic laws regulate:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
The electoral system;
the organization, functioning, and financing of political parties;
The status of Deputies and Senators;
The organisation and holding of referenda;
The state of partial or total mobilisation of the armed forces and the state
of war, the state of siege and emergency;
Criminal offences, punishment and the execution thereof;
The granting of amnesty and collective pardon;
The status of civil servants;
The contentious issues falling within the competence of administrative
courts;
The organisation and functioning of the Superior Council of Magistracy,
the courts, the Public Prosecutor and the Court of Auditors;
The general organisation of the education system;
The organization of local public administration, territory, as well as the
general rules on local autonomy; The general rules covering labour
relations, trade unions, employers’ associations and social protection;
The status of national minorities in Romania; and
The general statutory rules concerning religions and religious groups.
Regional level
According to Law N°315/2004 on Regional Development, the "development
regions" have the followings attributions:
• Reducing the existing regional imbalances by encouraging balanced
development, accelerating the economic and social recovery of the less
developed regions according to the historical, geographical, economic,
social and political imbalances and preventing the emergence of new
imbalances;
• Correlation of sectoral policies and activities at regional level by
encouraging government initiatives and by exploring local and regional
resources in order to develop economic and social development and foster
cultural development;
• Promoting interregional national and international cooperation, crossborder cooperation also in the context of the Euro-regions; and
• Encouraging the participation of the development regions in the European
structures and organisations promoting their socio-economic and
institutional development in order to carry out projects of mutual interest
in accordance with the international agreements signed by Romania.
769
Intermediate level
The Counties are responsible for:
Own competencies:
decentralisation)
(Article
22
Framework
Law
n°195/2006
on
•
•
•
•
•
Management of local airports;
Management of public and private domain of the County;
Management of cultural institutions of County interest;
Administration of public health units of the County;
Primary social services and specialised services for victims of domestic
violence;
• Specialised social services for the elderly;
• Other competencies established by law.
Shared competencies of the County with the authorities of central public
administration (Article 26 of Framework Law n°195/2006 on decentralisation):
•
•
•
•
•
•
•
Management of road infrastructure of County interest;
Special education;
Medical care and social services for people with social problems;
Primary social services and specialised services for the child protection;
Specialised social services for people with disabilities
Public community service of personal records;
Other competencies established by law.
Delegated competences: (Article 27 of Framework Law n°195/2006 on
decentralisation)
• The County Council exercise competences delegated by central public
administration authorities on payment of allowances for children and
adults with disabilities.
Administrative supervision by the Prefect:
On the basis of Article 123 of the Constitution and of Law n°340/2004 on the
institution of the Prefect:
• The Prefect, directly appointed, represents the central government in each
County Council as well as in the Council of the municipality of
Bucharest;
770
• The Prefect reviews the legality of acts adopted by the local authorities
and the County Council, including the acts of the Chair of the County
Council;
• The Prefect heads the devolved public services of the ministries and of the
other organs of the central public administration in the administrativeterritorial units; and
• The Prefect is responsible for implementing the central government’s
strategy and programmes at the local and Country level.
Municipal level
The Municipalities (Cities), Towns and Communes are responsible for:
Own competencies
decentralisation):
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
(Article
21
Framework
Law
n°195/2006
on
Management of public and private domain of the State;
Management of road infrastructure of local interest;
Management of local cultural institutions;
Administration of local public health units;
Pre-school and primary education
Urban planning and urbanism;
Water supply;
Sewerage and treatment of wastewater and pluvial waters;
Public lighting;
Sanitation;
Social services for child protection and for the elderly;
Social services and specialised services for victims of domestic violence;
Local public passenger transport; and
Supply of heating produced in a centralised system;
Other competences established by law.
Shared competencies of Municipalities (Cities), Towns and Communes with the
central public administration authorities (Article 24 of Framework Law
n°195/2006 on decentralisation):
•
•
•
•
•
Construction of social housing for youth;
Secondary education and adult education
Public order and safety;
Granting of social assistance to people in need;
Prevention and management of local emergencies;
771
•
•
•
•
•
Medical care and social services to people with social problems;
Social services for people with disabilities;
Public community services of personal records
Management of road infrastructure
Other competencies established by law.
decentralisation)
• Local government authorities exercise competences delegated by central
public administration authorities on payment of allowances for children
and adults with disabilities.
Representation: In Romania, the local authorities are represented vis-à-vis the
central government through different associations. According to Article 8(2) of
the Law on Local Public Administration, the associative structures of local
authorities are: the Association of Communes in Romania (ACoR), the
Romanian Association of Towns (AOR), the Romanian Association of
Municipalities (AMR) and the National Union of County Councils of Romania
(UNCJR).
Information: Article 3 of Decision 521/2005 on the procedure for consulting
the associative structures of local public administration authorities in the
drafting of normative acts, provides that the draft normative acts that relate
directly to local public administrative authorities shall be transmitted to the
Presidents of these associations. This article also provides for the central public
authorities to designate a contact person on behalf of the central government for
consultation procedures and to inform the associative structures of local public
authorities of this contact person.
Consultation: According to Article 8(1) of the Law on local public
administration, the central government has the legal obligation to consult the
associative structures of the local public authorities before taking any decision in
all matters affecting them directly. The decision 521/2005 emphasises the steps
to be followed by the central government and by the associations during the
consultation process. Nevertheless, the consultation process starts only after the
legal act has been drafted.
The Framework described in Decision 521/2005 constitutes the legal
consultation method. However, this is often complemented with informal
772
consultations between representatives of central public authorities and Board
Members of the local public authorities associations during the process of
drafting legal acts.
Coordination: The coordination is provided by the contact person designated
by the central public authorities. According to Article 4 of Decision 521/2005,
the associations can express their position on the draft proposal. Nevertheless, it
is the initiator of the proposal who decides whether to take the associations’
position(s) into account or not.
Moreover, it should be mentioned that the national associations should send
their comments within 5 working days, which is a very tight deadline.
The Romanian government has a procedure for nominating delegations to
different EU institutions, which is acknowledged by the local public authorities
associations that distribute the seats among themselves. The 15 Romanian
members to the Committee of the Regions, as well as their alternates, are
distributed among the four associations mentioned above.
There is no specific procedure for the involvement of local authorities into
decision-making on EU legislation and policy. European Affairs are addressed
within the Ministry for European Affairs established since 2011.
For the representation in Congress of local and regional authorities CLRAE, the
National Union of County Councils of Romania UNCJR nominates the five
members and five alternates to the Chamber of Regions whilst the other
associations divide the nominations of the five members and five alternates to
the Chamber of Local Authorities. The Secretariat of the delegation is currently
held by the Ministry of Administration and Interior.
Two national associations of local governments have an office in Brussels: the
Romanian Municipalities Association, and the National Union of County
Councils of Romania. The Regional Development Agency North-East has also
an office in Brussels.
773
22.3 Subsidiarity
Central level
The subsidiarity check in Romania is done both by Camera Deputatilor and by
Senatul. Within Camera Deputatilor, the European Affairs Committee (EAC)
examines the legislative proposal and checks the principles of subsidiarity and
proportionality. The reasoned opinion is signed and transmitted by the President
of the Chamber after the deputies have voted on the reasoned opinion during the
plenary session. Within Senatul, the legislative proposal is also examined by the
European Affairs Committee (EAC) before the vote in the plenary.
Regional and Local level
There is no procedure for checking subsidiarity of EU draft legislative proposals
at County level; however the members of the Romanian delegation to the CoR
are able to assess the European legislative initiatives at an earlier stage, i.e. when
these are being discussed within the CoR.
At regional level, since the development regions and macro-regions lack a
legislative or executive council or government, they are neither formally nor
informally included within the Early Warning System by the Chamber of
Deputies (Camera Deputatilor).
However, the European Affairs Committee of the Romanian Parliament has the
possibility to consults the local and regional authorities when the provisions of
the EU draft legislative act require it.
22.4 Bibliography
Constitution
Constitution of Romania of 8 December 1991 amended, published in the
Romanian Official Gazette Monitorul Oficial al României, Part I, no. 233 of 21
November 1991
Legislation
Law N°215/2001 of Local Public Administration, published in the Monitorul
Oficial al României, Part I, no. 204 of 23 April 2001, as subsequently amended;
last modified February 2007.
774
Framework Law no. 195/2006 on decentralisation, published in the Monitorul
Oficial al României, Part I, no. 453 of 25 May 2006, revised.
Law no. 315/2004 on regional development in Romania, published in the
Monitorul Oficial al României, Part I, no. 577 of 29 June 2004, revised.
Law no. 340/2004 on the institution of the prefect, consolidated version
published in the Monitorul Oficial al României, Part I, no. 225 of 24 March
2008 revised.
Law No. 1 of 5 January 2011 of National Education, published in the Monitorul
Oficial al României, Part I, n°18 of 10 January 2011, revised.
Government decision No. 536 of May 18, 2011 on the Organisation and
functioning of the Ministry of Education, Research, Youth and Sport.
Decision N°90 of 10.02.2010 on the organisation and the functioning of the
Ministry of Culture and National Heritage.
Decision N°144 of February 23, 2010 on the organisation and the functioning of
the Ministry of Health
Decision No. 1635/2009 of the Romanian Government on the organisation and
functioning of the Ministry of Environment and Forests
Decision no. 1634 of December 29, 2009 on the organisation and functioning of
the Ministry of Economy, Trade and Business Environment
Government Ordinance no. 58/1998 on the organisation and operation of
tourism activity in Romania, revised by Government Ordinance no.123/2008,
published in the Monitorul Oficial al României, no. 684 of 7 October 2008.
Websites
Association of Romanian Communes
Association of Romanian Towns
Ministry of Administration and the Interior
Ministry of Agriculture and Rural Development
Ministry of Education, Research, Youth and Sports
Ministry of Environment and Forests
Ministry of Health
Ministry of Labour, Family and Social protection
775
Ministry of Transport and Infrastructures
National Institute of Statistics, in particular the statistical yearbook of 2010, data
from 20
National Union of County Councils of Romania
Romanian Federation of Local Authorities
Romanian Information Centre in Brussels
Romanian Municipalities Association
TRACECA
published.
776
the CoR
a. Transport policy
Central level
The Ministry of Transport is the specialised authority of the central public
administration and fulfils the following main duties:
• Elaborates and submits the legislative framework;
• Elaborates economic policy in the field of transport and administrates the
financial resources;
• Elaborates and implements the policies in the field of transport (manages
and implements infrastructure projects);
• Exercises the rights and obligations of the state as shareholder in the
national and commercial companies that are under its authority, until the
end of the privatisation process;
• Organisation and development of scientific research and data in the field
of transport;
• International obligations in the field of transport (concluding conventions,
representing state interest, promoting the economy, coordinating the
technical assistance programmes provided by international organisations);
• Signs, on behalf of the state, contracts with the national company that
administrates the rail transport as well as with the national/commercial
companies that provide public transport; and
• Provides health insurance for the personnel (including family members,
retired persons) and the one of commercial companies dealing with
transport.
Intermediate level
Own competencies: Art 22 of Framework Law n°195/2006 on decentralisation)
• Management of local airports.
777
Shared powers of the County with the central public administration authorities
(Article 26 of the Framework Law n°195/2006 on decentralisation):
• Management of road infrastructure of County interest.
County Council and in the council of the municipality of Bucharest.
• The Prefect, reviews the legality of acts adopted by local authorities and
the County council; and
• The Prefect is responsible for implementing the government’s strategy
and programmes at the local and County level;
Municipal level
The Municipalities (Cities), Towns and Communes are responsible for:
Own competencies
decentralisation):
(Article
21
of
Framework
Law
n°195/2006
on
• Management of road infrastructure of local interest; and
• Local public passenger transport.
Shared competencies between Municipalities (Cities), Towns and Communes
and the central public administration authorities (Article 24 Framework Law
• Management of road infrastructure of local interest at commune level.
778
Central level
The Ministry of Labour, Family and Social Protection is the specialised
authority of the central public administration, carries out government policies in
the field of employment and fulfils the following main duties:
• Policy and decision-making, implementation and monitoring of
competences in the field of employment;
• Analysis and revision of the national Annual Programme for Employment;
• Policy and law-making competences in the field of labour law
(employment relations, collective agreements, working hours and rest
periods, etc.);
• Policy and decision-making competences in the field of public sector
wages; and
• Policy development, implementation and monitoring in the field of
pensions.
The National Agency for Employment is in charge of implementing the
employment policy.
Intermediate level
County Council and in the Council of the municipality of Bucharest;
• The Prefect, reviews the legality of acts adopted by the local authorities
and the County Council as well as by its Chair;
other organs of the central public administration in the administrativeterritorial units;
• The Prefect is also responsible for implementing the government’s strategy
and programmes in the field of employment at the local and County levels;
Municipal level
---
779
Sources
Government decision n°11 of January 16 2009 on the Organisation and
functioning of the Ministry of Labour, Family and Social Protection, revised by
Government decision n°728 of July 21 2010.
Ministry of Labor, Family and Social Protection
780
c. Social policy
Central level
The Ministry of Labour, Family and Social Protection is the specialised
the field of social protection and fulfils the following main duties:
• Policy and legislative competences in the field of social policy (social
protection and social security);
• Evaluation and monitoring of policies in progress;
• Coordination and monitoring of implementation of social policies dealing
with children’s rights, family issues, people with disabilities, the elderly,
victims of domestic violence, vulnerable groups, people at risk of poverty
and social exclusion;
• Development, monitoring and implementation of bilateral and
international agreements in this field;
• Organisation and coordination of the process of accreditation of social
services;
• Monitoring the work of the authorities and institutions with
responsibilities in the area of social assistance;
• System of wages (adjustment of salaries according to inflation, minimum
gross salary);
• Management of pensions and social insurance;
• Drafting legislation for setting up the institutional framework for the
operation of private pension schemes;
• Management of State aid;
• Negotiation of agreements in the field of social partnership; and
• Permanent consultation of social partners.
Intermediate level
Own competencies: (Art 22 Framework Law n°195/2006 on decentralisation)
• Social assistance services and specialised services for victims of domestic
violence; and
• Specialised social services for the elderly.
781
(Article 26 of Framework Law n°195/2006 on decentralisation):
• Medical care and social assistance to people with social problems;
• Primary social assistance services and specialised services for child
protection; and
• Social services specialised for people with disabilities.
decentralisation)
• The County Council exercises competences on payment of allowances for
children and adults with disabilities.
Bucharest;
Council;
strategy and programmes at the local and County level.
Municipal level
The Municipalities, Towns and Communes are responsible for:
Own competencies (Article 21 Framework Law n°195/2006 on
decentralisation):
• Primary social assistance services for the protection of children and for
the elderly; and
• Primary social assistance services and specialised services for victims of
domestic violence.
782
Shared competencies between Towns and Communes and the central public
administration authorities (Article 24 Framework Law n°195/2006 on
decentralisation):
• Granting of social assistance to people in need;
• Medical care and social assistance to people with social problems; and
• Primary social assistance services for people with disabilities.
Sources:
Government decision n°11 of January 16 2009 on the Organisation and
functioning of the Ministry of Labour, Family and Social Protection, revised by
Government decision n°728 of July 21 2010.
Ministry of Labor, Family and Social Protection
783
d. Education policy
Central level
The Ministry of Education, Research, Youth and Sports is the specialised
the field of pre-university education and fulfils the following main duties:
• Drafting, applying, monitoring and assessing national education policies
(including the national curriculum);
• Coordination and monitoring of the national education system;
• Approving the structure of pre-university education;
• Evaluation, approval and purchasing of textbooks and provision of
finances according to the law;
• Drafting diagnosis and forecast studies in the field of education;
• Ensuring the assessment and approval of the tools used in education;
• Providing the organisational framework for the selection and adequate
training of pupils with exceptional skills;
• Ensuring the specialised education and psycho-pedagogical support for
children with disabilities and children with special needs;
• Analysing the implementation of social protection in the education system
and proposing adequate measures to the central government and to the
competent local authorities;
• Coordination, monitoring and evaluation of the qualifications, initial and
continuous training of the teaching staff for the drafting of national
policies;
• Evaluation of the national education system based on national standards;
• Drafting, together with other competent ministries, of the strategy for the
collaboration with other states and with the international bodies
specialised in education, professional training and scientific research;
• Setting out the methods for the validation of studies, diplomas, certificates
and scientific titles, issued abroad;
• Deciding the structure of the school year;
• Setting up and monitoring of the e-learning school platform, as well of the
virtual school library;
• Drafting specific norms for the construction of schools and for equipping
them accordingly;
• Publishing and presenting every year the report on the current status of
Romanian pre-university education before the Parliament; and
• Coordination of the collection of statistics and data for the national system
of indicators concerning education and subsequent analysis and
interpretation of data.
784
The Ministry of Education, Research, Youth and Sports is qualified to follow up
and control the enforcement and observance of the legal regulations in the field
of higher education and, if necessary, to apply sanctions. In addition, it controls
the universities’ exercise of autonomy and their public responsibility, and it sets
out the general mission and their own mission.
Intermediate level
• Special education.
Bucharest;
Council;
Municipal level
Exclusive competencies: pre-school, primary education
Shared competencies: Secondary education, adult education
785
Sources
Government decision No. 536 of May 18, 2011 on the Organisation and
functioning of the Ministry of Education, Research, Youth and Sport.
Oficial al României, revised
786
Central level
• The Ministry of Education, Research, Youth and Sports Approves
professional training standards, upon consulting the social partners.
• Regulates the organisation and carrying out of examinations for certifying
professional qualifications.
The National Centre for Technical and Vocational Education and Training
Development (NCTVETD), subordinated to the Ministry of Education,
Research, Youth and Sports, is in charge to develop the National Quality
Assurance Framework for technical and vocational education and training in
Romania (TVET).
The mission of the NCTVETD is to contribute to the development of a
qualitative and attractive technical and vocational education, offering equal
chances of personal and professional development to each student so that to
make that person able to work and to continue its lifelong learning, to be able to
contribute as a TVET graduate to the economic development of its community,
to consolidation of the Romanian democratic society.
In order to accomplish this mission, NCTVETD:
• Assures harmonization of the Romanian developments with those realized
at European and international level in elaborating the policies and strategies
referring to the technical and vocational education, in identification of
qualifications and curriculum development for the formal education system,
in cooperation with the social partners.
• Contributes to the methodological developments referring to the educational
supply planning, to development of schools institutional capacity, to
organization and development of the teaching-learning process, to
examination and certification, to quality assurance in technical and
vocational education..
787
The central government supports vocational education through:
• Recognition of the skills acquired in pre-university education –
technological or vocational ; programme, according to own regulations within the tertiary non-a education;
• Partial financing for enrolment in state post-secondary-school educational ;
institutions; and
• Special scholarships and other forms of material support.
Intermediate level
--Municipal level
--Sources
Oficial al României, Part I, n°18 of 10 January 2011, revised.
National Center for TVET Development
788
f.
Central level
The Minister of Education, Research, Youth and Sports is responsible for:
• Overall policy and legislative competences in the field of youth and sport.
The National Authority for Youth and Sports exercises the responsibilities of the
state authority for the following competences:
• Coordination of the structures for youth and sport; and
• Signing on behalf of the Minister of Education, Research, Youth and
Sports, of all documents related to its activities and the related operating
structures, with the exception of draft legislation.
Intermediate level
Bucharest;
Council;
Municipal level
The Towns and Communes are responsible for:
authorities (Article 24 of Framework law n°195/2006 on decentralisation):
• Construction of social housing for youth.
789
Sources
Government decision No. 536 of May 18, 2011 on the Organization and
functioning of the Ministry of education, research, youth and sport.
790
g. Culture policy
Central level
The Ministry of Culture and National Heritage has the following competences:
• Management of the cultural institutional system including subordinated
and decentralised public services;
• Development of public cultural institutions, other cultural operators and
experts in culture, and civil society, as well as development of strategies,
public policies, national programmes;
• Promotion and financing of projects and activities in the field of culture;
• Development and approval of draft legislation;
• Initiation, negotiation and implementation of conventions, protocols,
agreements and other international accords in its field of competence and
activity;
• Proposing and promoting partnerships with local public administration
authorities and civil society structures;
• Supporting, in collaboration with local public administration authorities,
the proper functioning and the activities of institutions and cultural
establishments subordinated to County or local authorities;
• Ensuring compliance with and enforcing existing legislation;
• Management of relations with Parliament, in its areas of competence;
• Coordination and monitoring of the activity of subordinate institutions,
management of contracts with them and, where and when applicable, the
appointment and/or dismissal of their chairs;
• Working with specialised institutions for the development of specialised
statistical indicators to collect primary statistical data and their
processing;
• Granting research grants, travel awards and distinctions for all its areas of
activity and supporting the participation of experts in the field of culture,
of creators and artists;
• Development of art education programmes;
• Development of a national strategy for the promotion of Romanian
cultural values and cultural tourism;
• Ensuring a legal, financial, fiscal and economic order in cultural economy
(stimulation of cultural industries, support and stimulation of creators);
• Cooperation with authorised bodies for combating criminal activity in the
field of cultural heritage; and
• Participation in the European Union's decision to promote and support
Romania in the field of culture.
791
Intermediate level
Own competencies: (Art 22 of Framework Law n°195/2006 on decentralisation)
• Management of cultural institutions of the County interest.
Bucharest;
Council;
Municipal level
Own competencies
decentralisation):
(Article
21
of
Framework
Law
n°195/2006
on
• Management of cultural institutions of local interest.
Sources
Decision N°90 of 10.02.2010 on the organisation and the functioning of the
Ministry of Culture and National Heritage.
792
Central level
The Ministry of Health has the following main competences:
• Development of policies, strategies and action programmes in the field of
public health, and monitoring their implementation at national, regional
and local levels;
• Assessment and monitoring of the health of the general population,
designing strategies to improve it and informing the central government
on health indicators, trends and measures necessary for their
improvement;
• Monitoring, control and evaluation of the functioning and activities of
medical institutions and taking the necessary steps to improve their
quality;
• Ensuring, in collaboration with local and central public administration,
human resources as well as material and financial resources for the
functioning of public health institutions;
• Promotion of the education of media on public health;
• Participation in preventing or reducing the effects of epidemics; and
• Management of relations with the World Health Organisation and other
international organisations in similar areas of interest.
Intermediate level
• Administration of public health units of the County.
Shared powers of the County with the central public authorities (Article 26 of
Framework Law n°195/2006 on decentralisation):
• Medical care and social assistance to people with social problems.
793
Bucharest;
Council;
Municipal level
Own competencies
decentralisation):
(Article
21
of
Framework
Law
n°195/2006
on
• Administration of public health units of local interest.
administration authorities (Article 24 of Framework Law n°195/2006 on
decentralisation):
• Medical care and social assistance to people with social problems (a new
framework law on health is in legislative debate and will be adopted by
end 2012).
Sources
Ministry of Health
Decision N°144 of February 23, 2010 on the organisation and the functioning of
the Ministry of Health.
794
i.
Central level
The Ministry of Transport is responsible for:
• the rule-making, setting out the framework for planning and construction,
as well as the monitoring of the implementation of TEN;
• Planning and construction of major transport infrastructure projects; and
• International cooperation inter alia in matters concerning the EU TransEuropean Transport Network, (e.g. the TRACECA project).
Intermediate level
Shared powers of the County with the Republic (Article 26 of Framework Law
• Management of road infrastructure of the County.
County Council as well as in the Council of the municipality of Bucharest;
• The Prefect reviews the legality of acts adopted by the local authorities and
the County Council, including the acts of the Chair of the County Council;
795
Municipal level
Own competencies
decentralisation):
(Article
21
of
Framework
Law
• Management of road infrastructure of local interest.
Sources
TRACECA
796
n°195/2006
on
j.
Central level
The Ministry of Public Finance is the authority responsible for the coordination
of the national authorities in charge of the administration of the structural funds.
The operational programmes are coordinated by the following national
authorities:
• Ministry of Economy, Trade and Business Environment: Increase of
Economic Competitiveness;
• Ministry of Transport and Infrastructure: Transport Infrastructure;
• Ministry of Environment and Forest Management: Environment
Infrastructure;
• Ministry of Labour, Family and Social Protection: Human Resources
Development;
• Ministry of Agriculture and Rural Development: Agriculture and Rural
Development;
• Ministry of Regional Development and Tourism : Regional Development
and European Territorial Cooperation;
• Ministry of Public Finances: Technical Assistance;
• Ministry of Administration and Interior: Administrative Capacity
Development.
Urban planning:
• Establishing, together with the authorities of the local and central
administration, measures for the protection of the areas having historical,
architectural and landscape value;
• Cooperation with the County and local councils for the elaboration of the
studies and programmes regarding the rural and urban development, the
construction of houses and the technical works in Towns in order to
achieve the regional policies in these fields; and
• Supporting the local public administration in the activities concerning the
strategy and the monitoring of the investment programmes in the urban
infrastructure as well as supporting the specific regulations and regional
policies regarding the self-management services which cannot be
addressed at the local level.
797
Intermediate level
European Regional Development Fund (ERDF):
• Management of public and private administration of the County.
European Social Fund (ESF):
• Provision of primary social assistance services and specialised services
for victims of domestic violence; and
• Provision of specialised social services for the elderly.
• Medical care and social assistance to people with social problems;
• Primary social assistance services and specialised services for child
protection; and
• Specialised social services for people with disabilities.
County Council as well as in the Council of the municipality of Bucharest;
• The Prefect reviews the legality of acts adopted by the local authorities and
the County Council, including the acts of the Chair of the County Council;
798
Municipal level
The Municipalities, Towns and Communes are responsible for territorial
planning at the level of their ATU as well as strategy and planning. For ex, a
requirement to get funding for cities is to have an integrated urban development
plan.
Own competencies
decentralisation):
(Article
21
of
Framework
Law
n°195/2006
on
European Regional Development Fund (ERDF):
• Management of public and private administration of Towns and
Communes.
• Provision of primary social assistance services for child protection and for
the elderly; and
• Provision of primary social assistance services and specialised services
for victims of domestic violence.
Urban planning:
• Urban planning and urbanism.
administration authorities (Article 24 of Framework Law n°195/2006 on
decentralisation):
• Construction of social housing for youth;
• Granting of social assistance to people in need;
• Medical care and social assistance to people with social problems; and
• Primary social assistance services for people with disabilities.
Sources
Romanian Information Centre in Brussels
799
Central level
The Ministry of Environment and Forests has the overall legislative, policymaking, management, monitoring, inspection and control competences in the
field of:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Strategic planning;
Sustainable development;
Environmental infrastructure and water management;
Meteorology;
Hydrology;
Hydrogeology;
Climate;
Protected natural areas;
Waste management;
Management of hazardous substances;
Biodiversity conservation;
Management of air quality;
Biosecurity and ambient noise levels; and
Administration of forest management.
The ministry is also in charge of the implementation and coordination of the
financial assistance granted by the EU in the field of environment and forests
and of programmes financed from EU funds.
Intermediate level
Bucharest;
Council;
800
Municipal level
Own competencies
decentralisation):
(Article
21
of
Framework
Law
n°195/2006
on
• Water supply; and
• Sewerage and treatment of wastewater and pluvial waters.
Sources
Decision No. 1635/2009 of the Romanian Government on the organisation and
functioning of the Ministry of environment and forests.
Ministry of Environment and Forests
801
l.
Energy policy
Central level
The Ministry of Economy, Trade and Business Environment is organised and
operates as a specialised body of the central public administration in the field of
mineral resources and energy.
The Ministry of Economy, Trade and Business Environment has the following
competences:
• Provision and implementation of strategy programmes to increase mineral
resources;
• Development of the regulatory and institutional framework necessary for
achieving the strategic objectives in the following areas: energy
conservation, recovery facilities, recycling and waste management, and,
where appropriate, privatisation of companies;
• Managing the international relations in the field of energy;
• Application of the Treaty of Accession of Romania to the EU in the field
of energy;
• Ensuring the uniform application and the compliance of the activities with
regulations in the field and the proper functioning of the institutions
operating under its authority;
• Public administration of: mineral resources, transport, energy production
and distribution, transport and oil and gas storage; and
• Management of EU funding in areas under its responsibility.
Intermediate level
Bucharest;
Council;
802
Municipal level
Shared competencies between Municipalities, Towns and Communes and the
• Supply of heat produced by centralised systems.
Sources
Decision no. 1634 of December 29, 2009 on the organization and functioning of
the Ministry of Economy, Trade and Business Environment.
803
LRAs
Central level
The Ministry of Agriculture and Rural Development is responsible for the
overall legislation in line with the Common Agriculture Policy.
Intermediate level
Bucharest;
Council;
Municipal level
---
804
b. Fisheries policy
Central level
The Ministry of Agriculture and Rural Development is responsible for:
• Overall regulation in line with the Common Fisheries Policy; and
• Drafting of a national strategy and an operational programme.
Intermediate level
Bucharest;
Council;
Municipal level
---
805
Central level
The Ministry of Administration and the Interior has the following competences:
• Organisation and development of activities for preventing and countering
illegal migration through specialised structures;
• Ensuring the compliance of Romania's state border regime; and
• Implementation of Romanian policies in the field of refugees.
Intermediate level
--Municipal level
---
806
d. Tourism policy
Central level
The Ministry of Regional Development and Tourism is the main body of public
administration in this field. Its main competences are:
• Coordination and monitoring of tourism development;
• Provides guidance, in collaboration with an Advisory Council, on the
national annual programme of tourism and the development of strategies
of economic sectors involved in tourism activity; and
• Elaboration of the annual programme on marketing and tourism
promotion, of the multiannual programme for the development of tourism
resorts and of various other tourism products.
Intermediate level
• Inventory of the main tourism resources;
• Local management of registers of heritage tourism;
• Drawing up proposals for tourism development and the underlying annual
programme for the development of tourism products;
• Participation in approved tourist routes and ski runs;
• Contribution to the quality of tourism products;
• Monitoring of tourism and facilitating tourism operators to access the
tourism resources; and
• Organisation of tourist information centres in areas with tourism activity.
•
The Prefect, directly appointed, represents the central government in each
Bucharest;
Council;
807
Municipal level
Local Councils and the General Council of the City of Bucharest have the
following competencies:
• Inventory of the main tourism resources;
• Local management of registers of heritage tourism;
• Drawing up proposals for tourism development and the underlying annual
programme for the development of tourism products;
• Participation in approved tourist routes and ski runs;
• Contribution to the quality of tourism products;
• Monitoring of tourism and facilitating tourism operators to access the
tourism resources; and
• Organisation of tourist information centres in areas with tourism activity.
Sources
Government Ordinance No. 58/1998 on the organisation and operation of
tourism activity in Romania revised by Government Ordinance no.123/2008,
published in the Monitorul Oficial al României, no. 684 of 7 October 2008
808
Central level
The Ministry of Administration and the Interior has the following competences:
• Organisation, guidance and coordination of the activities aimed at
protecting people, goods, objectives and values, as well as the
organisation of the guard of special importance objectives, which is
within its jurisdiction, according to the law;
• Leading the activity of intelligence and internal protection.
• Drafting and implementation of the national strategy on civil protection;
• In the field of emergency management: development and updating of the
action plan establishing the state of emergency and coordination of the
uniform application of measures in a state of emergency by the military
and civilian public authorities involved;
• Examination of the development of the situation and proposing the
extension of the operation or the restriction of the period of application of
the state of emergency;
• Continuous monitoring of the operational situation and proposing
measures for the prevention and mitigation of the consequences of the
crisis in the field of public order; and
• Operational management in case of crisis.
Intermediate level
• The Prefect, directly appointed by the government, reviews the legality of
acts adopted by local authorities as well as by the County Council and its
chair;
• The Prefect is also responsible for implementing the government’s
strategy and programmes in the field of culture policy at the local and
County levels;
• The Prefect represents the central government in each County Council and
in the Council of the municipality of Bucharest.
• The Prefect, as head of civil protection, ensures emergency preparedness
and use special funds allocated by the government.
809
Municipal level
Shared competencies between Municipalities, Towns and Communes and the
• Prevention and management of emergencies at local level; and
• Public order and security.
810
23. Slovakia
Slovakia is one of the successor States of former Czechoslovakia. Slovakia is a
unitary State composed of regions and municipalities. By means of Article 3
Paragraph 1 of the Slovak Constitution, the territory of the Slovak Republic is
single and indivisible.
Slovakia is a parliamentary republic under the Constitution of 1992 (as
amended) and is based on a unicameral parliament called the National Council
of the Slovak Republic. It is the sole constitutional and legislative body (Article
72 of the Constitution). It is composed of 150 directly elected members.
Members of parliament are elected in one nationwide multimember constituency
for a period of four years. Elections to the National Council are conducted on
the basis of a universal, equal and direct electoral franchise, by means of secret
ballot and in accordance with the principle of proportional representation. The
voting system in elections to the National Council is proportional, and based on
a rigid party list system using the Hagenbach-Bischoff method and greatest
remainders calculation for leftover seats. Each voter has the right to cast four
preference votes for candidates with respect to the same party list.
According to Article 64 of the Constitution, "Territorial self-administration
shall be composed of a municipality and a higher territorial unit". The territory
of the Slovak Republic is divided into eight regions, 79 districts and 2891
municipalities362.
There is a dual system of deconcentrated State administration and autonomous
regional and local self-government. A dual system of decentralisation and
deconcentration of public administration has been enacted in order to ensure the
independent functioning of regional and/or local state administration and selfgovernment on the basis of mutual cooperation. The framework of
decentralisation of state administration is subdivided into two aspects – general
state administration and specialised state administration. Generally speaking,
specialised state administration is decentralised from the central level
(government, ministries except for the Ministry of the Interior) through the
regional level (regional offices of specialised state administration) to the district
level (district offices of specialised state administration). However, there is a
noticeable tendency to simplify the decentralisation of specialised State
administration. In the field of education, for instance, the competences of district
offices were delegated to the local self-government, with the result that the
abovementioned schema no longer applies to education. A similar situation also
applies to the construction sector. On the other hand, in such fields as the
362
Urban and Municipal statistics, Slovakia, 31.12.10
811
environment, the general schema (i.e. ministry-regional offices-district offices)
is still applicable. The general state administration is decentralised from the
central level (government, Ministry of the Interior) to the district level (district
offices of general administration). This schema applies, for instance, to
entrepreneurship, general interior administration, civil security or citizenship.
The framework of self-government is organised into two main levels – the
regional level represented by eight Self-Governing Regions (i.e. eight superior
territorial units) and the local level represented by 2891 municipalities. The
Constitution refers to the eight autonomous regions (samosprávne kraje) as
"higher territorial units" (Article 64). Since 2002, the eight Slovakian regions
have been responsible for specific competences in several areas, and also for
carrying out competences delegated by the central level of government.
Slovakia is also currently divided into 79 districts (okres). They are little more
than statistical units.
A distinction needs to be made between those levels of state administration
(regional and/or local authorities) whose representatives are appointed, and selfgovernment, where the mayors and the members of assemblies are elected
directly by citizens and other residents of the relevant territorial units. Such
elections are conducted on the basis of a universal, equal and direct electoral
franchise, by means of secret ballot and in accordance with majoritarian
methods (e.g. simple majority in the case of mayors and absolute majority in a
case of heads of self-governing regions).
Within the 2891 municipalities, 138 have city status (mesto). This status is
granted by the Slovak parliament to municipalities which are an administrative,
economic and cultural centre and provide public services to neighbouring cities.
By means of Section 22 of Act no. 369/1990 Coll. on Municipalities, as
amended, the National Council of the Slovak Republic may declare a
municipality to be a "city" on a proposal by the government. The prerequisites
for a municipality to be declared a "city" are as follows: the municipality in
question shall be an economic, cultural and administrative centre or centre of
tourism or spa resort; shall provide services for the residents of surrounding
municipalities; shall dispose of transport links with surrounding municipalities;
shall be an urban built-up environment and shall have at least 5000 inhabitants.
The law does not specify the administrative consequences of such a status.
Moreover, the country's two main municipalities, Bratislava and Košice, have
special status and are sub-divided into city districts.
Chapter four of the Constitution (Articles 64-71) stipulates the basic principles
of both levels of territorial self-administration. A municipality and superior
812
territorial unit are independent territorial and administrative units of the Slovak
Republic comprising persons who are permanently resident on their territory.
Details shall be laid down by law. A municipality and superior territorial unit are
legal persons that, under conditions laid down by law, independently manage
their own property and financial resources. A municipality and superior
territorial unit finance their needs primarily from their own revenues, as well as
from State subsidies. The law stipulates which taxes and fees constitute the
revenues of municipalities which taxes and fees constitute the revenues of the
superior territorial unit. State subsidies may be claimed only within the limits of
the law. A municipality has the right to associate with other municipalities in
order to provide services of common interest; a superior territorial unit has the
same right to associate with other superior territorial units. The conditions are
laid down by law. Territorial self-administration is carried out at meetings of
municipal residents, through local referendums, referendums within a superior
territorial unit, and by the municipal bodies or the bodies of superior territorial
units. Duties and restrictions relating to the execution of territorial selfadministration may be imposed upon a municipality and superior territorial unit
by law and on the basis of an international treaty pursuant to Article 7,
Paragraph 5 of the Constitution. The State may only intervene in the activities of
a municipality or a superior territorial unit under conditions laid down by law.
The execution of designated tasks of local state administration can be transferred
by law to a municipality and superior territorial unit. The State covers the cost of
state administration tasks transferred to the local level. In executing state
administration, the municipality and superior territorial unit may, on the basis of
the law and within its limits, issue ordinances that are generally binding rules
within its area of jurisdiction, if empowered to do so by law. The execution of
state administration transferred to the municipality or superior territorial unit by
law is governed and controlled by the government.
The legal control of sub-national acts is carried out by a public prosecutor, who
represents the State. He is responsible for monitoring the legality of all
administrative acts, both by sub-national self-governments and the State
administration at the regional or local level.
Central government is in charge of any responsibility that is not expressly
attributed to municipalities or regions.
The process of decentralisation consists of three main aspects – the political
decentralisation and the decentralisation and deconcentration of powers and
fiscal decentralisation.
The legal status of municipalities is enacted in Act No 369/1990 Coll. on
Municipal Establishment (last amended in 2011). The legal status of selfgoverning regions is regulated in Act No 302/2001 Coll. on Administration of
813
superior territorial units (Law on the Self-Governing Regions; last amended in
2008). The distribution of competences is laid down in Act No 416/2001 Coll.
on the transfer of some competences from State administration to municipalities
and superior territorial units (last amended in 2012). In addition, the
decentralisation of public administration is also regulated by Act No 221/1996
on Territorial and Administrative Organisation of the Slovak Republic (last
amended in 2001) and Act No 222/1996 Coll. on the Organisation of Local State
Administration (last amended in 2008). Furthermore, several other acts regulate
some specific aspects such as elections to regional and local territorial and
administrative units e.g. Act No 303/2001 Coll. on Elections to the Bodies of
Self-Governing Regions, etc.
According to Article 65(2) of the Constitution, ‘A municipality and a higher
territorial unit shall finance their needs primarily from their own revenues and
also from State subsidies’. In 2005, the revenue of the Slovak sub-national
public sector amounted to EUR 2589 million, representing 6.8% of national
GDP and 19.3% of total public revenue. The main part of sub-national
government revenue comes from tax revenue (44%), followed by grants (34%)
and other revenue (22%). In 2005, a new sub-national financing system was put
in place, implementing fiscal decentralisation363.
National level
National legislative responsibilities
The National Council of the Slovak Republic decides upon the Constitution and
constitutional and other laws, and also monitors compliance with them,
discusses the state budget, checks that it is fulfilled and approves the State's
closing account. It also discusses basic domestic, international, economic, social,
and other political issues, etc. In other words the National Council approves
overall legislation and policy in every policy field.
Regional level
Regions may issue generally binding regulations (Article 68 of the Constitution)
applicable to all natural and legal persons within their jurisdiction. Competences
have been transferred from State administration bodies to self-governing
regions. This six-phase process was launched on 1 January 2002. The regional
and district offices of the State administration were phased out, and their
363
814
residual powers were transferred to the regional self-governments, the local
State administration in the centres of regions, and to the specialised field offices
of certain ministries.
Original competences in the following fields: second and third class roads,
territorial planning, regional development, own investment activities, secondary
schools, hospitals, certain social service establishments (retirement homes,
social services for children, crises centres, children’s homes, etc.), cultural
establishments (galleries, museums, theatres, certain libraries, etc.), participation
in civil defence, licensing of pharmacies and private physicians.
Transferred competences in the following fields: certain powers in the
education sector, healthcare sector and road transport
Regional competences concern the following areas:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Social, economic and cultural development of regions;
Management of own budget, of investment and public contracts;
International and trans-regional cooperation;
Regional planning;
Social welfare, including homes for children, social policy and
coordination of all subjects related to this area;
Healthcare, including the establishment of hospitals of second type,
management of non-State healthcare as psychiatric hospitals and dental
services);
Education, including secondary, professional, art and vocational schools,
construction and maintenance of buildings, payment of teacher on behalf
of the State;
Transport, including the construction and maintenance of regional roads,
coordination of railway system on its territory;
Culture, including regional theatres, libraries, museums, galleries and
cultural centres;
Tourism, including the planning of regional tourism and regional tourism
development;
Sport;
Youth;
Human pharmaceutics, including issuing licences for public pharmacies,
executing control of public pharmacies, managing stand-by
pharmaceutical services or decision-making on pharmaceutical reserves;
Civil defence (in cooperation with State bodies).
815
Local level
Responsibilities of municipalities
Municipalities may issue generally binding regulations (Article 68 of the
Constitution) applicable to all natural and legal persons within their jurisdiction.
Original competences in the following fields: local roads, public transport,
public areas, green areas, public cleanliness, nature and environmental
protection, water management, sewer systems, municipal waste, territorial
planning, local development, housing, pre-school and school establishments,
social establishments, polyclinics, certain hospitals, culture, certification of
documents, certain offences, municipal police, collection of local taxes and fees,
participation in regional planning.
Transferred competences in the following fields: registry offices, construction,
public order and certain responsibilities in the education sector.
The self-governing bodies of municipalities have decision-making powers in the
following areas:
•
•
•
•
•
•
•
•
•
•
•
Local management and local taxes;
Maintenance of municipal property;
Education, including pre-school and primary school, maintenance and
construction of buildings, payment of teacher and staff salaries on behalf
of the State;
Social welfare, including personal assistance, homes for the elderly, social
services for children;
Housing, including housing development, construction and maintenance
of social housing;
Local public utilities and networks, including water supply and sewerage,
waste collection, urban heating, construction and upkeep of local roads,
public areas, cemeteries, street lighting;
Health, including the establishment of outpatient departments, first aid
stations, hospitals and medical centres of the first type;
Economic development, including local planning and tourism
development strategies;
Leisure, including local cultural centres and libraries, local sport centres,
and
Public order, including local police, voluntary fire-fighting units.
816
Representation 364 : The Association of Towns and Communities of Slovakia
(ZMOS), the Union of Towns and Cities of Slovakia (UMS) represent the subnational level vis-à-vis the central government.
ZMOS is a non-partisan independent legal entity which comprises
municipalities (cities and villages). The aim of ZMOS is the promotion of the
interests of territorial self-government in legislative regulations. ZMOS was
established to defend the common interests of all associated settlements,
meaning inter alia that it does not involve itself in solving the individual
problems of each member municipality. Since 1990, all the activities of ZMOS
have been linked to promoting the decentralisation of public administration,
including the fiscal decentralisation of municipalities, the development of local
democracy and maintenance of the existing electoral system for self-government
bodies. In addition to systemic priorities, ZMOS addresses issues that have a
negative impact on the majority of municipalities. Non-member municipalities
also benefit from the activities of ZMOS, insofar as ZMOS contributes to
positive changes in national legislation.
UMS is a voluntary association of cities in the Slovak Republic. UMS protects
the rights and interests of members in relation to legislative and executive State
authorities as well as to other organisations, unions, associations and home and
foreign institutions; presents issues of territorial self-administration to the public,
especially with regard to cities in terms of quality of life in urban areas; provides
members with advisory and information services; coordinates municipal
activities especially in the area of protection, restoration, development and
permanent sustainability of the environment and the cultural heritage,
educational system, social and health services, local and regional development;
ensures the continuous development of municipal human resources and
especially the continuous professional improvement of elected representatives
and executive or expert officials at municipal offices, institutions, organisations
and facilities; promotes personal, financial, institutional and tax independence of
municipalities; creates conditions for ensuring the exchange of experiences and
establishing contacts with members with foreign interest associations and
institutions with similar missions and with other foreign entities; provides data
on a voluntary basis, maintains an information database about associated cities
and ensures their representation both at home and abroad, etc.
364
817
The main difference between ZMOS and UMS resides in their membership.
ZMOS is a legal entity that brings together municipalities regardless of their
legal status i.e. the municipality does not have to be declared a city
(prerequisites for a municipality to be declared a city are mentioned in the
general information section). On the other hand, UMS combines cities i.e.
municipalities with the legal status of cities. The mission and goals of both
associations are quite similar, although they depend on the nature of their
membership. The government decided to appoint the representatives of ZMOS
to the Economic and Social Council of the Government as it represents the
interests of all municipalities.
The regions are not organised into associations, but they can be represented visà-vis the government through informal meetings on an individual basis.
Information and consultation365: ZMOS has no legislative power as such, but
it can operate both in writing and through a contact person during the
preparatory phase of the legislative process on proposals touching upon local
matters. ZMOS does not have the right of legislative initiative, although within
the legislative process it is obligatory for it to be informed and have the right to
comment on draft bills. The essential part of ZMOS's participation in the
legislative process is its membership in the Economic and Social Council of the
Government. ZMOS is asked to comment on all draft bills, and not only the ones
concerning the decentralisation of public administration. Inasmuch as ZMOS
does not have the right of legislative initiative, it also cooperates with MPs on
drafting bills and amending laws. In the final stage of the legislative process,
ZMOS collaborates with parliamentary caucuses and parliamentary committees
and debates on its proposals and demands. In other words, ZMOS has the
opportunity to influence draft legislation at all stages of the legislative process.
A standing social dialogue on social and economic affairs has existed since
1990, in which the Association of Towns and Communities of Slovakia (ZMOS)
participates.
ZMOS, as a legal entity unifying cities and villages, is involved in collective
bargaining in the context of the Economic and Social Council of the
Government.
The trade unions and member associations of the Confederation of trade unions
may also be consulted by other methods: there may be consultations through
365
818
lobbying in the National Council of the Slovak Republic. Representatives of the
Confederation of the Trade Unions of the Slovak Republic and the National
Union of employers are also an integral part of the abovementioned Economic
and Social Council of the Government and have similar rights to ZMOS with
regard to influencing draft legislation.
Coordination 366 : During the legislative process, the contact person of the
ZMOS Association informs the members of the Legislative Council of the
opinion of the municipalities and cities; it draws attention to the possible
negative impacts of the legislative proposal on the local level and may suggest a
specific solution.
On 1 December 2004, the Council of economic and social partnership of the
Slovak Republic (currently called the Economic and Social Council of the
Government), a consultative body on the economic and social partnership at the
national level, was established. Its purpose is to negotiate issues of social and
economic development, budgetary proposals of the State, and draft legislation. It
prepares recommendations for the government on the issues negotiated. In this
context, the ZMOS acts at the national level and its action has a broad range.
This collective bargaining brings together high-level trade union bodies,
representatives authorised by the government (state secretaries or ministers of
more or less all the ministries) and representative employers' proxies, including
ZMOS, Confederation of the Trade Unions of the Slovak Republic, the National
Union of employers and Federation of Employers' Associations of the Slovak
Republic. Collective bargaining often covers leave, wage claims, working
conditions, supplementary allowances to income insurance and the Social fund.
Negotiations within this Council result in recommendations that are then
transmitted to the government.
At the national level, such negotiations have resulted in the following two
agreements:
- The Collective Agreement of a Higher Degree for employers, and
- The Collective Agreement of a Higher Degree on State Service.
At the national level, there are ministerial working groups under each ministry.
Within the Ministry of Foreign Affairs, the Commission for European Affairs
consists of representatives from all ministries and the other State bodies. The
Commission meets every week and their adopted position is delivered to
366
819
COREPER I and II, depending on the theme debated. ZMOS is invited to
participate in the ministerial working groups and in the Commission for
European Affairs, but ZMOS lacks the capacity to attend.
With regard to the Committee of the Regions' membership, ZMOS appoints four
members and five alternates, and the regions name five members and four
alternates.
The nomination of Slovak delegates to the Committee of the Regions and the
Congress of Local and Regional Authorities of the Council of Europe (CLRAE)
is based on a verbal agreement between ZMOS, the Union of Towns and Cities
of Slovakia (UMS) and the regions. On this basis, ZMOS names two delegates
and one alternate to the Chamber of Local Authorities of CLRAE, and UMS
names one delegate and one alternate.
The regions of Bratislava, Košice, Nitra, Prešov, Trenčín and Zilina have a
representation office in Brussels.
The Association of Towns and Communities of Slovakia (ZMOS) and the Union
of Towns and Cities of Slovakia (UMS) are both members of the Council of
European Municipalities and Regions (CEMR). Košice and Trenčín regions are
members of the Assembly of European Regions (AER). Two municipalities
(Bratislava and Košice) are members of the Eurocities network367.
The applicable procedure for the subsidiarity check is the standard monitoring
procedure of EU activities in the Slovak parliament. The Committee on
European Affairs (CEA) is in charge of this procedure.
Generally speaking, different experts from the relevant departments of the
Chancellery of the National Council are in permanent contact with experts from
the ministries for subsidiarity matters.
During the subsidiarity check, neither regional deliberative bodies nor local
stakeholders are consulted by the National Council.
Since they do not hold legislative powers, local and regional authorities are not
involved in the subsidiarity check.
367
Eurocities website
368
820
23.4
Bibliography
Constitution
Constitution of Slovakia, 1 September 1992
Legislation
National Council of the Slovak Republic Act No.221/1996 on the Slovak
Republic Territorial and Administrative Organisation, last amendment
453/2001.
National Council of the Slovak Republic Act No.222/1996 on the Organisation
of Local State Administration, last amendment 525/2003.
National Council of the Slovak Republic Act No.302/2001 on the Government
of higher territorial units (Law on the region), last amendment 445/2008.
National Council of the Slovak Republic Act No.416/2001 on the transfer of
some competences from State administration to Municipalities and higher
territorial units, last amendment 103/2003.
Slovak National Council Act No. 369/1990 on Municipalities, last amendment
204/2010.
Websites
Assembly of European Regions, Report by country
Eurocities
Ministry of Agriculture and Rural development of the Slovak republic
Ministry of the Economy of the Slovak Republic
Ministry of Education, Science, research and Sport of the Slovak Republic
Ministry of Environment of the Slovak republic
Ministry of Finance website, in particular the Structural Funds
Ministry of Health of the Slovak Republic
Ministry of the Interior website, in particular its civil protection and Fire and
rescue Corps pages
Ministry of Labour, social Affairs and family of the Slovak Republic
Ministry of Transport, Construction and Regional Development of the Slovak
National Council Ministry of Culture
Republic, in particular its Tourism section
The Slovak Tourist Board
821
Committee of the Regions, Report on ‘Subsidiarity in the multilevel Framework
published yet.
Ján Buček, Building of regional self-government in Slovakia: the first decade,
Geographical journal 63 (2011) 1,3-27.
822
the CoR
a. Transport policy
National level
•
The overall policy and legislation in the field of transport, including
railway transport, road transport, air transport, inland and waterway
transport. In particular:
¾
¾
¾
¾
¾
¾
Transport infrastructure;
Transport safety;
Research and development in transport;
Transport market liberalisation;
Public passenger transport policy, and
The development of environmentally-friendly transport etc.
Regional level
•
•
•
•
•
•
•
•
•
•
•
The planning, preparation and construction of roads owned by the region
in compliance with the State Concept of Highways and Roads and in
accordance with the main direction of transport policy;
Providing information on planning, preparation and construction of roads
owned by the Region;
Execution of numeration of transport on the roads owned by the region;
Ensuring of constructive and technical equipment of roads owned by the
region;
Execution of competences of regional railway administrative office;
Execution of state administration in the field of tram and trolley transport;
Debate on railway schedule;
Awarding fines to operators if it is not a regular international bus
transport;
The granting and withdraw of licenses for regular national bus services;
Concluding contracts of transport public services, and
Approving timetables of national bus transport.
823
Municipal level
•
•
•
•
The construction, maintenance and administration of local roads, and
The provision of technical data from the records of roads and local roads.
Execution of competences of special construction office for local roads;
Ensuring of constructive and technical equipment of roads owned by the
municipality.
Sources
Ministry of Transport, Post and Telecommunication of the Slovak Republic
Transport Policy of the Slovak Republic until 2015
824
Issues and tasks connected with employment policy are decentralised via
decentralisation of special state administration (see general box). In other words,
in this context the competences have not been delegated to the self-government.
Territorial offices for work, social affairs and family offices have competences
in the fields of state social aid, registration of unemployed people, requalification courses and activation subsidies to empl